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Carmen Schmitt
Member - 7 posts
We lease 1 floor in an older building. The landlord installed new AC in the building prior to our occupation as the old system was simply registers. As tenants per the lease we are required to maintain the AC that was paid for and installed by the landlord.
We have had numerous complaints from the staff about the lack of fresh air in the building. We keep the temp and humidity at allowed levels it’s the lack of fresh air that is the issue.
I have asked the property management about the situation and they say that they don’t provide fresh air circulation/ventilation systems. Are their no regulations about bring the building up to meet the codes? It doesn’t seem fair that we should have to pay for special ventilation or modifications for one floor in a building we do not own. Can you advise? Do we have any options in tenant’s right?
I am looking for an answer to what the landlord’s responsibilities are for fresh air intake.
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joe moyo
Member - 1 post
the landlord should provide fresh clean air
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Kelly Mansfield - Workplace Law Network
Online advisor - 52 posts
Hi Carmen,
In order to answer your query, I spoke to Bob Towse, who is the Head of Technical and Safety with the Heating and Ventilation Contractors Association. He offers the following advice:
"The questioner raises two issues here.
"1. As the employer of people at work the information in the handbook applies in terms of the provision of fresh air. It is the duty of the employer, under Health and Safety law, to provide this.
[Bob is referring to a chapter in the Workplace Law Handbook, which explains that the ACoP to the Workplace (Health, Safety and Welfare) Regulations 1992 states that workplaces should be sufficiently well ventilated so that stale air, and air which is hot or humid because of the processes or equipment in the workplace, is replaced at a reasonable rate. In many cases natural ventilation through windows or other openings may be sufficient, but mechanical ventilation or air-conditioning may also be required to meet certain circumstances.]
"2. With regard to buildings, all new buildings will be built to comply with the current Building Regulations and should therefore be satisfactory, as the designer will be aware of the buildings planned use and will have factored in the fresh air needs as part of the design process.
"For existing buildings, there is no statutory obligation on the landlord to bring a building up to current standards. If there were, most existing buildings would fail to meet this standard and would have to be knocked down and updated!
"It rests with the tenant to know what they want and need in relation to the building, and to deal with all of these issues in the negotiations with the landlord before arrangements are put in place".
Bob does add that he is not an expert in legal issues and suggests that the you obtain advice from an expert on tenancy law before proceeding.
Let me know if you would like to put a query to a tenancy expert.
Best wishes,
Kelly
kelly.mansfield@workplacelaw.net
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Bernard Crouch
Member - 2 posts
I am guessing that you work out of town Jordan? I have a client who has gone for a Breeam rating on their building, they would love not to have AC, however being in the middle of London's west end - if you open a window the noise and traffic fumes mean you will quickly have to shut it again!! Bernard Crouch
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