Insurance

Philip Jeffs
Member - 299 posts

Martin,

I have a number of leased buildings in the portfolio I control, and without exception the terms of the lease describe them as 'full repairing leases'. This means you, the tenant, have full responsibility for fixtures and fittings within the 'demised area' (the area you lease) for the duration of the lease period.

What usually falls outside that are common areas, such as stairways to various floors, and lifts etc. You may also be able to argue that common riser shafts etc are not your responsibility, but if so do it now....

One thing to bear in mind, particularly by 21 May, is that those fittings in your demised area may be such things as boilers, heating units, lagged pipework, etc may have asbestos in them. As such you are then the duty holder under the new Asbestos Regs and liable for any resulting problems. The landlord only has to look after the common areas, or non-tenanted buildings.

In short, establish clearly what is your responsibility now to hopefully avoid problems in the future. Hope this helps - if the asbestos thing has spooked you email me off the board at philip.jeffs@atpi.com (to free up this subject for others to reply) and I'll try to ease your concerns, but it may assist others to know this?

Anonymous

Philip is quite right that the lessee is responsible for everything inside the demise. There may, however, be reservations for the free running and passage of soil, gas, water electricity and telephones in favour of other lessees within the building. The lessor may retain a residual liability for the common section of such ducts, pipes and risers but the individual other lessees are then responsible for their individual pipes and cables even though they run partly through your demise.

On the wider scope, fixtures that are general to normal properties of that class are generally landlord's fittings. If the lessee installs kit that is specific to his occupancy, then that does not normally pass to the landlord. By the same token, the lessee is obliged to remove them under his dilaps liability at the end of the term. If he has installed things that could be landlords or tenants, he needs to make sure that he keeps a separate list of them so that they don't get taken into account at the next rent review.

Clive Read
Member - 6 posts

Martin

Quick rule of thumb is that items attached to the building which are fixtures and fittings belong to the landlord. Tenant's fixtures and fittings are those for which a tenant should have received consent to attach by means of a licence for alterations (on the basis that they require an element of physical attachment to the building fabric becuase most leases limit what works a tenant can carry out with consent of the landlord.) If a tenant has not obtained permission to install such items (eg copper piping in trendy bars; air conditioning units) then there's a very real danger that : the landlord is then entitled to treat them as his fixtures and fittings so the tenant cannot try to remove them at the end of the lease; and also that they would not be disregarded for the purposes of rent review - so the landlord says the works have enhanced the building and the tenant could then pay a higher rent as a result.

Hope this helps.

Clive Read

Partner

Anonymous

I am a landlord for a funeral business and I am being sued for a built in freezer. I have been told that it is considered an fixture to the property from solicitors but my accountant who has dealed with commercial property says otherwise would like to know if the freezer is definitely considered a fixture and fitting.

Cat Finckenhagen
Member - 1 post

Is a double glazing considered to be a fixture? Can a tenant remove double glazing at the end of a rent? What cases are relevant for this problem?

thank you for your advice.