Communal lighting is often provided both internally, such as within the corridors to a block, and externally, both immediately around the block and also, where a building forms part of a wider development, across the development.
The primary purpose of such lighting appears to be to allow easier access to properties outside of daylight hours, but also provides a security and health and safety feature. However, with the rising costs of energy, it’s sensible to review the requirements for the lighting.
Obligation to provide Communal Lighting
In general, simply where a person has an easement with a right to pass over the corridors/estate, this doesn’t place an obligation on the grantor (i.e. the person giving the right to the other to pass over the land) to light the way.
Exceptions to this include where the right to pass over is useless without it, such that the grantor has an obligation to take reasonable care to maintain adequate lighting, or where the grantor (typically the landlord) covenants in the lease to do so.
Where a landlord has covenanted to provide lighting, the extent of the lighting to be provided is often a matter of construction of the relevant lease.
For example, a landlord’s obligation to keep a staircase “well and sufficiently lighted” obliges the landlord to do so to a standard that will not be a trap for a normally-sighted person.
What areas must be lit may also be an issue; the areas will also be a question of construction of the lease. It has previously been held that where a leaseholder occupied a basement flat with only exterior access, an obligation on the landlord to light the “entrance hall, stairs and pages” was held to include an exterior access passageway.
Recovery via the service charge
Whether a leaseholder is obligated to contribute to the cost of the lighting will, again, depend upon the construction of the lease, and whether the provision of lighting falls within the scope of the services to be provided as part of the service charge. This obligation may also be considered by reference to the provisions with regards safety and security.
The Cost of Energy
An issue now being faced by leaseholders, landlords and management companies alike is the ever increasing cost of energy. Given that the cost of electricity for lighting common parts is often a significant cost within the service charge, particularly in the case of large developments, then it is an item of expenditure where possible reductions are being considered.
With respect to whether or not, in order to save costs, the lighting can be removed (or reduced) will be a matter of construction of the lease.
A key method of reducing lighting costs is for sensors to be installed, so that lighting is only provided during the periods in which it is required. This is often useful for internal corridors, but often isn’t practical externally.
Externally, whilst there have been many suggestions about steps that could be taken to save costs, when considering those suggestions landlords should have regard to not only the terms of the lease with regards to its obligation to provide lighting, but also its obligation in relation to security, health and safety, fire safety and its insurance obligations.
For example, if external lighting were to be turned off entirely during certain hours (i.e. between midnight and 5am), because there is limited use of external areas at this time, there are potential risks to all parties. In particular, there may still be residents and occupiers passing over the external areas, such as those who work unusual shift patterns, or those returning from social events.
The lack of external lighting may provide for residents to not only feel unsafe, but also increase the risk of accidents due to poor lighting. The removal of such lighting may also increase the risk of criminal activity, due to those engaging in it having the benefit of darkness.
Lastly, in the event of there being an emergency, this could also hamper swift evacuations and/or hamper emergency services attendance. In such circumstances, if there was no lighting provided, this could potentially void an insurance claim.
Therefore, if steps such as reducing the hours for lighting, or the number of street lighting in operation is considered, suitable risk assessments must be undertaken.
Conclusion
The question of provision of lighting is often a matter of construction of the lease; the benefit of lighting is clear to see, and sensible landlords and management companies should give consideration as to whether any steps can be taken to save energy costs in respect of lighting, but it is imperative in having such considerations sensible risk assessments be undertaken.
About the Author: Camilla Waszek – Senior Associate
Camilla is a highly motivated lawyer with considerable experience in dealing with complex, defended and multi-track cases.
For over six years Camilla has been an integral part of the senior litigation team and has built a strong reputation for providing clients with practical and commercial advice – in addition to being highly effective in First-tier Tribunal matters.
Camilla’s expertise and versatility encompasses a wide range of litigation matters. Camilla has recently been listed in the Legal 500 (2023) as a recommended lawyer.
