I want to lease office space in England. I'm scared that Tenancy Agreement's Exclusion Clauses exclude too much! Aren't they too harsh on me? How's it fair for Landlord to exclude so much, and make me bear burden of "any loss of life or loss, injury or damage to person or property or for any disruption or inconvenience caused to or sustained by the Tenant"?
I read this Gowling WLG website dated 02 July 2018 on exclusion clauses and the reasonableness test under UCTA 1977. Indubitably I and Landlord don't have equal bargaining power! Landlord's more wealthier and powerful than me!
For example, Landlord and its agents are responsible for operating "lifts escalators and air conditioning system … " (see 7.1a) and hiring security "watchman" (see 7.1e). Thus shouldn't they liable "In respect of any loss of life or loss, injury or damage …" (see 7.1a and 7.1e)?
SECTION VII. EXCLUSIONS.
7.1 The Landlord and its agents shall not in any circumstances be liable to the Tenant, occupier or any other person whomsoever :-
Common Services and Facilities
(a) In respect of any loss of life or loss, injury or damage to person or property or for any disruption or inconvenience caused to or sustained by the Tenant, occupier or any such other person caused by or through or in any way owing to any defect in or failure or breakdown or suspension of the lifts escalators and air-conditioning system (if any) condenser water supply system (if any) electric power and water supplies, or any other common services and facilities provided in the said building for any reason whatsoever including negligent or wrongful acts or omissions by independent contractors; or
Electricity/Gas/Water Supply
(b) In respect of any loss of life or loss, injury or damage to person or property or for any disruption or inconvenience caused to or sustained by the Tenant, occupier or any such other person caused by or through or in any way owing to any failure, malfunction, explosion or suspension of the electricity or power or gas or water supply or other utility to the said building or the said premises for any reason whatsoever; or
Fire and Overflow of Water, Vermin
(c) In respect of any loss of life or loss, injury or damage to person or property or for any disruption or inconvenience caused to or sustained by the Tenant, occupier or any such other person caused by or through or in any way owing to the escape or spread of fire, smoke or fumes or any other substance or thing or overflow or leakage of water or vibrations from anywhere within the said building or the influx of rain water or sea water into the said building or the said premises or typhoon, landslide, subsidence of the ground or the flooding or the activity of termites, roaches, mice, rats or other pests or vermin in the said building or the act neglect default or omission of the tenants and occupiers of neighbouring premises or the defective or damaged condition of the said premises or the said building or the furnishings, fixtures and fittings therein or the dropping or falling of any article whatsoever from neighbouring premises; or
Non-enforcement
(d) In respect of any loss or damage howsoever caused by or through any non-enforcement of the provisions of the Deed, if any, in respect of the said building and such general rules, car park rules and club rules as may from time to time be made in accordance with the provisions of the Deed, if any, or non-observance thereof by any third party; or
Security
(e) For the security or safekeeping of the said premises or the said building or any persons or contents therein and in particular but without prejudice to the generality of the foregoing the provision by the Landlord and/or its agents of any watchman and caretaker or any mechanical or electrical alarm systems (if any) of whatever nature shall not create any obligation on the part of the Landlord as to the security of the said premises or any contents therein and the responsibility for the same shall at all times rest with the Tenant; or
Vehicles
(f) For the security or supervision of or for any damage to or loss of vehicles or accessories or injury to persons or any damage resulting therefrom.
And the Tenant shall indemnify and keep the Landlord fully indemnified against all claims and demands whatsoever made upon the Landlord by any servant agent employee contractor or licensee of the Tenant or any other person claiming through or under the Tenant as a result of any such loss or injury or damage aforesaid nor shall the rent and other charges hereinbefore mentioned or any part thereof abate or cease to be payable on account of the happening of any of the foregoing.
Exemptions Extend to Landlord's Agent and Manager
7.2 The Tenant hereby acknowledges that the exemptions contained in this Section also extend to the Landlord's agent(s) and the manager of the said building; or
No Duty for Landlord to Insure
7.3 Nothing in this Section shall be construed as imposing on the Landlord or the manager of the said building any duty to insure against any of the above liabilities; or [...]