Office spaces with communal areas and shared facilities will be under the spotlight when the next stage of lockdown is lifted and staff return to the workplace. Managing the return and preparing the premises to meet the public health requirements will demand the collaboration and co-operation of commercial landlords and tenants, staff and visitors.
Among the immediate concerns are how to manage the flow of people in common areas and defined workplaces whilst having the flexibility to adapt to evolving guidance. There’s also the need to minimise risk through management the building environment, such as cleaning processes.
The trend towards communal working spaces and the rise of open plan offices shared by multiple organisations using group desk arrangements, brings added pressures for co-existence. Micro businesses may have differing attitudes towards sharing their immediate space while COVID-19 remains a threat, and landlords will need to have a clear strategy to address this.
Considering traffic flows and identifying the spaces likely to present the highest risk of contamination is the first step to identify appropriate protocols. Creating a staggered timetable for workers to arrive and leave a building will help avoid over-busy common areas. The challenge of meeting social distancing requirements could be tackled by introducing one-way systems, categorising how and when lifts or stairs may be used, and installing protective screens where appropriate.
For tenants, preparing for the re-opening of offices is likely to demand intensive planning around which staff are going to be returning and requests to continue homeworking from staff will have to be considered.
Equally, in relation to common areas, landlords will need to consider how they fulfil their obligations to those staff, such as receptionists and security guards, who are most exposed and it’s likely to include some form of personal protective equipment (PPE).
Following lockdown, building managers will need to conduct safety checks on all equipment and undertake servicing where necessary to prepare the building for use.
It’s important to ensure that all decisions are based on the latest guidance, such as the latest information from the Government, Public Health England and the Health and Safety Executive. Also, insurance should be checked as this may include special requirements on keeping the building safe as it’s re-opened.
Close liaison between the landlord, building management staff and tenants is essential to address issues such as these. Equally, addressing any lease or service charge-related problems to avoid them becoming the subject for major dispute at a later date is important.
The Government has already provided some protection for commercial tenants. Those who cannot pay their rent because of coronavirus will be protected from eviction if they miss a rental payment in the three months from March. However, whilst many tenants will have agreed a payment holiday during the lockdown, it’s likely that full rent will be due once offices re-open. Therefore, it’s advisable for tenants and landlords to maintain communication as the situation progresses and, if necessary, establish a payment plan.
Where landlords incur additional costs, such as specialist cleaning, measures to support social distancing or extra security, this may be recoverable from tenants through service charges. However, leases need to be checked carefully to ensure any potential charges are ‘reasonable’ and are covered under the terms. Again, up-front discussions with tenants will help avoid arguments later. For more information and advice on the issues covered here, please contact our Commercial Property team and refer to our recent blog ‘Beyond Furlough – preparing for a returning workforce’.
