Landlord providing unsafe electrics?

[lenkalouise]

Hi there, I'm just starting out in the world of commercial leasing and looking for some advice! I've found a great property to rent, but there's a few things I'm unsure of regarding who is responsible for what. Firstly, I haven't signed anything, we're still in the stages of discussing the agreement, I just don't want to overstep a mark or end up with the short straw.

Doing my research on the property, I managed to track down the old company who leased it previously. The owner very kindly called me and warned me that the electrics trip, the system is around 40 years old and should really be rewired to bring it to current regulation standard. I haven't told the estate agents that I know this, but I have queried if the electric system would be brought to regulation standard before the lease would start. I was then told "The property would be let on an internal repairing and insuring lease. This would mean you would be responsible for the interior of the property (including electrics) and the landlords would be responsible for the structure of the building."

I have just gone back to the estate agents to ask if an Electrical Condition Report (EICR) could be carried out.

My concern is that if they agree to an EICR and it comes back listing issues, the landlord and estate agents will want me to pay for the repairs.

I've searched online and found multiple articles stating that the landlord is responsible for ensuring that the electric system must be in a safe working order prior to any lease starting. Is this still the same for an internal repairing and insuring lease?

Am I going about this the right way? Does anybody have any advice?

 

[MBE2017]

You won’t be responsible for repairs before taking on the lease, as long as you state the lease will be taken on subject to the report coming back to your satisfaction.

Once you sign the lease you will be responsible to at least repair to the same standard, but be careful, such leases can also tie you into structural repairs as well, it is all down to the wording.

Pay your OWN solicitor to check the lease over and explain your obligations to you before signing, any changes after you take out the lease will almost certainly mean you paying your landlords legal fees to do so as well.

 

[Frank the Insurance guy]

"The property would be let on an internal repairing and insuring lease. This would mean you would be responsible for the interior of the property (including electrics) and the landlords would be responsible for the structure of the building."

They are right - you would be responsible....but once your lease commences!

Make sure the electrics meet current standards BEFORE the lease commences - make it a condition of the lease and that they must provide a copy of the relevant certificate.

Alternatively negotiate that you will deal with the electrical wiring but can offset 100% of the costs against the lease payments!

Note - Insurance companies will expect you to have your fixed electrical wiring checked and certified at least every 5 years, so you would need to ensure this is done - otherwise if there is a fire caused by poor electrics, insurers will void the policy and not pay a claim!

 

[WaveJumper]

All good advice above and I too would recommend you get proper legal advice what you think might be costing you now will be completely outweighed if something comes back to bite you later on. And yes you want to see all electrical inspection reports / certificates I would also be asking for a copy of an asbestos survey report.

It may even be prudent to have a proper survey undertaken

 

[fisicx]

And a fire inspection/survey along with boiler, energy efficiency and anything else you feel might be relevant.

A friend found himself a lockup and was ready to sign when a rat appeared. Turns out there was a major infestation that made the building virtually unusable as a storage unit.