Rank: Forum user 
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A little query on behalf of friend.
He lives in a semi detached house built in or around the 1900s. It was completely refurbished in 1992 except for the roof which is covered in faux slates.
An asbestos survey in October 2009 was carried out by the landlord and although not tested the reports assumes they are chrysotile.
The landlord is demanding the tenant (proceedings already commenced in the small claims court) pays for the report which cost the landlord £500. There are no common parts.
Can anybody help, what legal requirement is there on a tenant to pay for this this sort of report.
Thanks
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Rank: Super forum user 
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Hi Geoff,
I presume by tenant you mean a person who rents as opposed to a lessee? I know of no legal requirement for the tenant to pay for any asbestos report or similar instigated by the landlord. If the tenant was a leaseholder, then the T&Cs of the lease agreement might include such a caveat - but I very much doubt it. I suspect only a lawyer familiar with this type of issue could give you proper advice, but it might well end up costing far more than £500!
CAR 2006 is essentially concerned with non-domestic premises and duties of employers, it excludes (except for common parts) domestic landlords liabilities. Therefore I'm not sure why the landlord would commission an asbestos report in the first place?
Ray
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Rank: Super forum user 
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Did your friend in any way request, insist or demand that such a survey was done? If not, then there is no contract and therefore no grounds for claim.
I otherwise can't fathom why the Landlord would have this Survey done unless od course there was imminent repair or refurb. work planned.
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Rank: Forum user
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Hi All. The question of the tenant paying for this really depends on the terms of the lease dos'nt it? However, I would be astonished, and extreamly surprised if the tenant will have to pay for this survey. I tend to agre with Ron on this. Is the landlord going to do some repairs to the roof?
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Rank: Forum user
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If the survey was not instigated by the tenant then there is no legal recourse.
£500 seems a lot for a survey of a single semi-detached property too, doesn't it. Especially when you factor in the fact that no samples were taken and 'assumed' (read presumed) analysis was made.
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Rank: Forum user
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Thanks guys, I'm getting there.
The £500 was for the two houses (my error) and included fire risk assessments. But as there is no common access or anything else (except the roof across the two semi detached houses), a fire risk assessment wasn't required.
Could the roof be considered as 'common parts'?
The tenant is not aware of any prospective roof work and didn't ask for a survey to be undertaken.
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Rank: Super forum user
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Roof of sem-detached couldn't remotely be considered as common parts.
Doesn't seem the most pleasant of Landlords here.
FRA equally baffling.
Small Claims may be a bluff or a ruse.
It may be that things are wandering into criminal territory here - attempting to obtain monies by deception.
I fear that more vulnerable members of our society might cough up under such pressure.
Suggest your friend talk with local Police - taking along any correspondence.
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Rank: Forum user
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Thanks all for the responses. Tenant now has a head letter for submission to the court showing the survey and fire risk assessment were not asked for by the tenant and not necessary in these specific circumstances (with legal references).
Now waiting for the big boys.....
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Rank: Forum user
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