Martyn’s Law: responsibilities for landlords and tenants

2nd October 2025

Stacey Rees, Associate

What is Martyn’s Law?

The Terrorism (Protection of Premises) Act 2025, also known as “Martyn’s Law”, received Royal Assent on 3 April 2025 and comes into force in Spring 2027.  Named after Martyn Hett, who tragically lost his life in the Manchester Arena bombing of 2017, it is designed to mitigate against the risks posed by terrorist threats by requiring certain premises, with capacities of more than 200, to take steps to make them safer.

The legislation creates two tiers – a ‘Standard’ Tier and an ‘Enhanced’ Tier – based on capacity.

Which ‘Tier’ will a venue fall within and what is required?
  • ‘Standard’ Tier – Venues with a capacity of 200 – 799 people fall within this tier.

These measures are intended to be low-cost, practical and reasonable – given they will require no physical alterations or specific equipment.  Dedicated resources will, however, need to be set aside to consider existing and future measures, and carrying out training (e.g. to employees and contractors) to ensure plans are implemented.

  • ‘Enhanced’ Tier – Venues with a capacity of 800 or more people fall within this tier.

The measures required for each venue will need to be assessed in consideration of its individual risk profile and, for some commercial properties, this may require upgrading physical infrastructure and the carrying out of alterations.

Who must comply?

The “responsible person” for both tiers must consider and implement the required mandatory measures for the venue. This can be an individual or an entity controlling the premises in connection with its use (e.g. the use of a building as a hotel).

Who is the responsible person?

The freehold owner of a premises is not automatically responsible for complying with the legislation if they are not involved in the running of the premises for its relevant use.  Where premises are let, the responsible person will usually be the tenant if they have the day-to-day control of the premises.

Where qualifying premises form part of other qualifying premises (for example a department store within a shopping centre), then both the landlord and the tenant may be the responsible person.

Where this occurs, the legislation specifies that both parties must co-ordinate, so far as is reasonably practicable, to ensure they both comply with their respective obligations. It is important to note that the co-ordination requirements only apply to premises that are within the scope of the legislation, so if a premises is located within qualifying premises but has a capacity of under 200 people, then it will not have any such statutory obligation.

Do any obligations apply if you are not a responsible person?

Within the legislation, there is also a “duty to co-operate”. This requires persons with control of ‘Enhanced’ Tier premises but who are not classed as the responsible person to co-operate, so far as reasonably practicable, with the responsible person to assist with compliance.

Enforcement

The SIA will be able to take enforcement action for non-compliance, including:

  • Compliance notices
  • Financial penalties – up to £10,000 for ‘Standard’ Tier premises and £18m or 5% of worldwide revenue for ‘Enhanced’ Tier premises
  • Restriction notices – which could require the temporary closure or impose certain restrictions on the premises

The legislation also includes criminal offences.

Recommendations

The detailed Guidance has yet to be issued by the Home Office and so it can’t be said with any certainty how best impacted premises should prepare for the legislation.  Its expected to be published in the Spring and so we will provide further updates when more information is available.

If you have any queries in relation to this legislation, or require any further advice on the lease review process, then please contact the Commercial Property team at Kuits.

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