Rented commercial and residential property question

This post is more than 13 years old

November 9, 2011 by Tessa Shepperson

Here is a question asked to the Blog Clinic by Mike Collins who is a tenant:

My partner and I are in the process of acquiring a commercial property in Ramsgate Kent.

The property has an A3 commercial space on the ground floor and two bedroom accommodation upstairs.

There is no separate entrance for the flat – i.e. you enter through the same door for both commercial and residential space.

Whilst the fuse board in the cafe has passed an NECNIC safety evaluation, the fuse board that serves the flat has failed because it does not have any RCD’s. Is this something we can ask the landlord to replace?

Also, the boiler is in the flat upstairs. As this serves the flat, is the landlord required to give us a Gas Safety Certificate annually? Or, as we will also be having gas in the commercial part, will the gas supply for the whole building come under ‘commercial’ – meaning, as I understand it, that the landlord does not have to supply us with a gas safety certificate?

Any help greatly appreciated!

Mike, as this is a let for combined commercial and residential use, the letting as a whole will almost certainly come under the commercial tenancy regime which is quite different from that which applies to residential lets. So none of the content on this blog or indeed my Landlord Law site will really help you.

I would be surprised however if the gas regulations did not apply to this letting as although the let as a whole will be a commercial one, part of the property will be let for residential use. Good people to check with will be your local Health and Safety Executive.

I can’t help with your other question though. If anyone reading this knows the answer please leave a comment.

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Comments

David says

November 10, 2011 at 7:51 am

I would have thought as part of the negotiations you could get the landlord to repair or give you a rent free period which is increasingly common. I would always recommend if you are concerned as to the condition of the property you should think about getting a schedule of condition drawn up.

As to your actual question I don’t think there is any specific requirement upon the Landlord. Generally it is the old buyer beware principle.

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