Who Is Responsible for Risk Assessments in a Leased Commercial Property?

Responsibility for risk assessments in a leased commercial property does not automatically sit entirely with the landlord or the tenant. In many cases, both parties have responsibilities depending on which areas, systems and activities they control.

The landlord may be responsible for the structure, communal areas and shared building systems. The tenant will usually be responsible for its employees, working practices and the parts of the premises it occupies.

Understanding where these responsibilities begin and end is essential. If both parties assume the other is dealing with an assessment, serious gaps can be left within the building’s safety arrangements.

Does the Landlord or Tenant Carry Out the Risk Assessments?

There is no single answer that applies to every commercial property. Responsibility will depend on the terms of the lease, how the premises are occupied and the level of control held by each party.

A commercial lease may allocate responsibility for maintenance, repairs and building management. However, the lease should not be treated as the only source of information when deciding who is responsible for health and safety.

The practical question is usually who controls the relevant area, system or activity and who has the authority to put suitable safety measures in place.

For example, a landlord may control the main entrance, communal corridors, plant rooms and central water system. A tenant may control the internal layout of its unit, the equipment used by employees and the everyday activities taking place inside the workplace.

In shared or multi-occupied premises, both parties may hold responsibilities and need to cooperate with one another.

Who Is Responsible for the Fire Risk Assessment?

The person responsible for fire safety in a commercial building must ensure that a suitable fire risk assessment is completed and regularly reviewed.

Depending on how the building is occupied and managed, the responsible person could be the employer, landlord, owner, occupier, managing agent or another person with control over the premises.

In a shared commercial building, the landlord or managing agent will commonly be responsible for assessing communal areas. These may include shared entrances, corridors, stairways, plant rooms and building-wide fire safety systems.

A tenant or employer will usually be responsible for the areas it occupies. This includes risks created by its working activities, equipment, internal layout, storage arrangements and staff evacuation procedures.

Where more than one responsible person exists, they must cooperate and coordinate their fire safety arrangements. This is particularly important when fire alarms, escape routes and evacuation procedures pass through both tenant-controlled and communal areas.

A landlord’s fire risk assessment should not automatically be assumed to cover everything happening within a tenant’s workplace.

Learn more about fire risk assessment

Who Is Responsible for the Legionella Risk Assessment?

Responsibility for managing Legionella risk will normally depend on who controls the premises and the water systems within them.

A landlord may be responsible for the incoming water supply, stored water, communal facilities and central hot and cold water systems. A tenant may control individual outlets, staff facilities, specialist equipment or parts of the system located inside its unit.

The exact position will vary between properties. This is why both parties should establish what the current Legionella risk assessment covers and who is responsible for completing any recommended control measures.

Tenants should not assume that a landlord’s assessment covers every tap, shower, water heater or piece of water-using equipment within their premises. Equally, landlords should know whether vacant units, shared facilities and little-used outlets require additional controls.

Responsibilities such as flushing, temperature monitoring, cleaning and maintenance should be clearly allocated and recorded.

Learn more about legionella risk assessments

Who Is Responsible for Workplace Health and Safety?

Employers have a legal responsibility to protect their employees and other people who could be affected by their work. A tenant operating a business from leased premises must therefore assess the risks created by its activities.

This responsibility remains even when the landlord manages the building itself. A workplace health and safety risk assessment may consider slips and trips, work equipment, storage, manual handling, electrical safety, welfare facilities, contractor arrangements and emergency procedures.

The landlord may retain responsibility for structural issues, communal areas and building-wide systems. However, the tenant remains responsible for ensuring its own workplace and activities are managed safely.

A general assessment supplied by the landlord may not take account of the tenant’s employees, equipment, customers or everyday working practices.

Learn more about health and safety risk assessments

Who Is Responsible for Disability Access?

Disability access can also involve responsibilities for both landlords and tenants. The landlord may control external access, shared entrances, lifts, corridors and communal facilities. The tenant may control its reception area, internal layout, customer service procedures, signage and communication arrangements.

A Disability Access Audit can identify physical, procedural and communication barriers affecting disabled employees, customers and visitors. It can also help the landlord and tenant understand which improvements relate to their respective areas of control.

The need to make reasonable adjustments should be considered carefully. Neither party should assume that accessibility begins and ends with providing wheelchair access.

Signage, lighting, hearing assistance, accessible facilities, internal circulation and emergency evacuation arrangements may all need to be considered.

Learn more about disability access assessments

Can a Commercial Lease Transfer All Responsibility?

A commercial lease can allocate responsibilities between the landlord and tenant, including who arranges particular assessments or pays for remedial work. However, contractual arrangements do not necessarily remove legal duties held by an employer, occupier, landlord or another person with control of the premises.

This means a tenant should not rely entirely on wording within the lease without checking whether it has separate responsibilities as an employer or occupier. A landlord should also ensure that the areas and systems under its control are being properly assessed and managed.

Where responsibilities overlap, cooperation and the exchange of relevant information are essential.

What Should Tenants Check Before Moving In?

Before occupying a leased commercial property, tenants should request the relevant risk assessment records from the landlord or managing agent.

These documents should be checked to establish:

• Which areas and building systems are covered
• When each assessment was completed
• Whether the findings remain relevant
• Which recommended actions are outstanding
• Who is responsible for completing each action
• How shared fire and evacuation arrangements operate
• Who controls the water system and individual outlets
• Whether planned alterations will affect the existing assessments

The tenant should then assess any remaining risks connected to its own workplace, employees and activities.

This process is particularly important when a unit has been vacant, refurbished or occupied by a different type of business.

What Should Landlords Check?

Commercial landlords should maintain a clear record of the areas and systems under their control. They should also understand where responsibility passes to individual tenants. Assessments covering communal areas should reflect the current occupancy and use of the building. Landlords should know which tenants have employees or members of the public on the premises and whether any individuals may require additional assistance during an emergency.

Information that affects tenant safety should be shared clearly. Any recommendations requiring cooperation between the landlord and tenant should have a named owner and an agreed completion date.

What Happens When Responsibilities Overlap?

Overlapping responsibility is common in shared commercial buildings. It does not mean that an area or risk can be ignored.

The landlord, tenant, employer and managing agent may all need to exchange information and coordinate their arrangements. This could include sharing assessment findings, planning evacuation procedures or agreeing who will arrange remedial work.

The clearest approach is to divide responsibility by area, system and activity.

For example, the landlord may manage the communal fire alarm while the tenant trains its employees to respond to it. The landlord may maintain the central water system while the tenant manages little-used outlets within its unit.

Recording these arrangements helps prevent work from being missed or unnecessarily duplicated.

When Should the Risk Assessments Be Reviewed?

Risk assessments should be reviewed regularly and whenever there is reason to believe they are no longer suitable. A review may be required following a refurbishment, a change in occupancy, a new tenant, alterations to the layout or the installation of new equipment. An incident, significant change in working practices or alteration to the water system may also trigger a review.

Assessments should reflect how the property is currently being used, rather than how it was occupied when the lease originally began.

How The HSRA Can Help

The HSRA provides independent Fire, Legionella, Health and Safety and Disability Access Risk Assessments for landlords, tenants, employers and managing agents throughout the UK.

Our multi-skilled assessors can complete several assessments during one coordinated visit where the property and scope are suitable. This reduces disruption while providing separate, clear and actionable reports for each area of compliance.

We can assess individual commercial properties or coordinate risk assessments across larger property portfolios. Our independent approach means we assess the risks and provide practical recommendations without using the report to sell unnecessary remedial work. If you are unsure which assessments are already covered by your landlord, we can help identify the areas that still need to be assessed.

Speak to the team

FAQs