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Posted By Scott d
Hi All,
We may be about to take tenancy in a new premises and I was wondering if anyone can advise as to the information we need to request.
i am aware that Risk Assessments (Fire etc.) will have to be conducted by ourselves, however, I am unfamiliar with any information we may need to gather from the landlord rgarding electrical installations etc.
Your help would be much appreciated and save valuable time.
Scott
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Posted By Robert K Lewis
Scott
New as in "new to you" or new as in "just built"?
In the former case make sure they hand over any asbestos information and current management plans and any H&S file information for the premises. Try and ensure you also get the O&M manuals and any user instructions. If you are renting I suspect that, unless your solicitor was on top of the game, these may have been omittted from the lease/rent agreement. If so you will need to recover all the information yourself. Remember that if the building is pre 1999 vintage then you will need to evidence the asbestos situation, equally the landlord should have done this.
In the latter case all but the asbestos information will need to be recovered.
I would also try and ensure the landlord evidences precisely your underground service locations preferably with drawings.
Hope this helps for starters. Drop me a line if you want further help.
Bob
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Posted By CFT
Scott
Have a look to see what the service charge includes, it may for example include fire extinguishers supply and testing. I would expect to see that smoke/heat detection is in place, look at any certificates for gas/electric etc when they were last tested,have your legal representative satisfy you that all is at it should be so that it is very clear what you are responsible for and what the landlord is responsible for; check if you have clearly demarcated communal areas, if so I would expect to see a FRA in place by the landlord for such an area.Look to see what limitations are put on you for any alterations, the H&S files will show you where the cables and pipes run, air-con type, filter cleaning recommendations,emergency lighting testing etc etc; have a good read through the contract, it will ensure you do what you must and that you don't double up.
All the best
CFT
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Posted By Scott d
Thanks Bob,
This is just the info I am looking for!
Sorry, I meant to mention that I believe the buildings were constructed in 1999 - I will have to find out exactly when.
Much Appreciated,
Scott
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Posted By Scott d
Thanks CFT,
Great help!
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Posted By Robert K Lewis
Scott
You are right on the borderline so will need some evidence if they claim none present. Your problem is however that your solicitors may have not done this before the lease/rent agreement was finalised.
As an aside I am deeply concerned that so many of the due diligence searches in this area omit the H&S and Env. issues leaving the new management of the premises to pick up the potentially costly pieces. I recently encountered one with a £200k bill for work with regards to various of the the two areas. The environmental contamination is still an issue.
Unfortunately the law is not helpful once sale contracts or lease/rental agreements are signed as the buyer/leaseholder is deemed to have made appropriate investigations. Many people think that the costs are inconsequential until they face the bills.
Bob
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Posted By Gff
Here's one for you
More related to Purchases though
Because most breaches of environmental and health & safety law are criminal and strict liability, the application of the money laundering legislation has led to some unintended consequences.
So, for example, where one proposes to buy an office building and, during pre-contract enquiries, it becomes apparent that the property has no up-to-date written asbestos management plan, that is a criminal offence and potentially reportable. That is the case because the laundering is the transfer of criminal property and the criminal property is the cost saving in terms of preparing the written management plan. A report to SOCA, the money laundering regulation authority, may need to be made regardless of whether:- the seller is seeking to rectify the problem, the financial benefit is very small or there is little likelihood of prosecution.
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Posted By Robert K Lewis
Gff
I do not think it is as simple as you set out. The duty is to make a Suspicious Transaction Report (STR) where there is reasonable grounds for believing that the transaction involves money laundering. I think that this is not going to be the case for the sake of an asbestos management plan. Purchase of land or property always includes money laundering - it is one of the earliest thoughts in a solicitor's mind. I think we can be reassured that it will be a negligible risk.
Bob
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Posted By Gff
Bob
The industry I deal in buys and sells properties every day of the week.
This is legal advise given to us by our solicitors who have the duty to submit a STR.
They have made u aware that they MAY have to do this and not tell us as this would be tipping off
It is a risk none the less and enough of one to be aware of
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Posted By Gff
Forgot to mention or reiterate it is an unintended consequences
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Posted By Robert K Lewis
With the wonderful no smoking signage rules it may not be that unintentional perhaps.
Bob
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