Posted By Paul Skyrme OK, please be gentle, my first question, and OH boy a long one! We run a business from several discrete self contained units in a multiple occupancy commercial building. Our landlords are responsible for the fabric of the building, we are responsible for the electrical installation in our units, the decoration of these and as far as the structure goes that is about it. We have to undertake our own RA's & FRA obviously. Maintain our own equipment and our own welfare facilities within our areas. The building has many tenants, all of whom are SME's. We are one of the few over the 5, so we have to record our systems. Most are only one or 2 people for example. Our landlord runs the building through a management agency. i am relatively happy with the situation with regard to the building electrics to our local take off points. The building contains a LOT of asbestos, I have asked for a copy of the asbestos register and been refused, even though we are responsible for the interior decoration of our units, and there is asbestos located there in. We are liable, but should we be? It is my understanding that as the landlord owns and maintains the physical infrastructure of the building they should maintain the asbestos register and make this information available to us as we require it. Further more we (I) am pushing them to "deal" with the asbestos so we can decorate as we need to, at the moment, we are in breach of our lease as we are not decorating for fear of "disturbing" ACM's. Next, I have requested through the managing agent copies of all of our neighbors FRA's and relevant RA's. This again has been refused to date. Should the managing agent not facilitate this? They demanded our FRA but will not provide those of our neighbours or theirs (the landlords). We are looking to move out, but we have a LOT of machinery to move so it is not easy (affordable) to do! Please no comments about absolute, we have to run a business, absolute full compliance to the letter without question would close us down, I understand the imlpications to us. I have a good idea of what should be done, but I am looking for concurrence, we are trying to get ourselves completely compliant but, without the landlord/agent assistance I don't see how we can be. Finally there are communal "roadways" inside the building, obviously we are responsible for our employees when they move between our units in these areas, however, the landlord nor their agents are taking a serious responsibility for these internal areas, and vehicles regularly drive at above 30 mph inside the building! No it is NOT a typo! the problem for us is this happens less than 2m from our access doors and our fire escapes into these communal areas! Just to add insult to injury the emergency lighting is not correctly functioning in the communal areas either! We have a solicitor going through the lease now, but obviously I am looking for suggestions to build on the knowledge I gained on my NEBOSH General & the experience I have to date, I don't hold up much hope with the solicitor on the H&S grounds. I hope I know, but a second opinion is always helpful. Thanks.

Posted By Paul Skyrme Hmm, lease, very non descriptive, based on a domestic lease, the main area of competence of the managing agent. However, when we took over, I specified in communications that all the asbestos was the landlords responsibility and had no converse communications. However, not yet, thank goodness tested in a court of law.

Posted By Bob Youel as you said - you have to run a business so here goes Leases, terms and conditions etc are not worth the paper they are written on unless each party adheres to them and/or each party is in a strong position - you sound like you may not be in a strong position! I advise that you look for other premises covering the points you noted in any new negotiations and record any correspondence you have with 'whoever' re the issues you highlighted above. Where you are worried about written correspondence have incognito witnesses present Undertake your own R-Assessments etc and ensure that your own staff are well managed and trained - you then may have done all that it is reasonably practicable to do noting ALL your circumstances Approaching the authorities is a tricky one as if you are not a strong [lots of £, orders etc] business the landlord can put pressures on you later which you may regret Talk to your local EHO/HSE but unofficially and without giving away addresses etc at first until you get a feel for the people you are talking to as if they are old school you will get common sense support - new school types may look at their targets only and jump from that angle! Take your time and think before you act / move noting that law is not simply black and white and as for justice???

Posted By Rod D Paul With regards to the Managing Agent requesting your FRA's and RA's in my opinion place Vicarious Liability issues onto the Managing Agent. Again in my opinion they should ask you if you you have carried a FRA of your demise and if there were any "Significant Findings" which may impact on the Landlords or any other tenants areas. With regards to the Asbestos Register, if there is Asbestos in your Demise then they must supply you with the relevant information regarding this. In the meantime I would not permit any contractor to breach the fabric of the building until you see the register. Hope this helps Aye, Rod