Rank: Forum user 
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I need speedy answers please.
I have been asked by a client what is the role of the landlord if asbestos found in workplace. Client has found asbestos due to a survey being carried out. There is a potential that it may need to be removed. I know that the Regs cites the employer and duty holder who may be the same. If it requires to be removed can the tenant ask the landlord to either pay for it or contribute toward it. I cant find anything in the law but is there any one who knows if there is.
Thanks Robert
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Rank: Super forum user
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I would suggest that would depend very much on two things:
1) Does the tenant currently occupy the premises (i.e under a current lease), or are they presently in lease negotiations?
2) If they are a current tenant, what does the lease say about who is responsible for what with regard to repairs/ maintenance to the fabric of the building?
If the former, then it is often common practice for at least a percentage apportionment of cost to be agreed between both parties before completion.
If the latter, it would very much depend on the wording of the lease.
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Rank: Super forum user 
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I think Nick is on the right track. I assume we're looking at a commercial tenant and that the client is the tenant? Some leases are 'full repairing leases' and if this is the case then there is a pretty good chance that the tenant may be 'liable' for the full cost. I suggest your client looks carefully at the terms of the lease and/or contacts the landlord.
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Rank: Super forum user 
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The answer= it depends! I refer you to CAR 2012: Duty to manage asbestos in non-domestic premises
4.—(1) In this regulation “the dutyholder” means—
(a)every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises; or .
(b)in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access or egress to or from those premises, .
and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person
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Rank: Forum user
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if the tenancy was taken after May 2004 when car 2002 came into effect them the solicitor who advised needs to be contacted to find out what advice they gave... if they failed to advise parties then they may be negligent - generally if the lease was properly done then it will be as per other posts ie full maintain repair etc in which case it's a case of tough and pay or consider suing ( discussing with ) the solicitor who acted and did not find out if there were deleterious materials used in construction.
whilst the last post may be obliquely correct re who is the dutyholder as we all know there are frequently differences between who is the criminal duty holder and who has to pay for things
you may need to take some proper advice rather than just postings on a forum!!!
Kind regards
Bruce
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Rank: Forum user
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Hi Paterson,
I had a similar issue a month ago (it was in fact posted on this forum, with various answers and debates).
I took legal advice and as Nick and Bruce state - in general terms if the lease is a full repairs and maintenance lease then the Tenant has responsibility.
As Bruce also points out, however, the Solicitor may have some difficult questions to answer.
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Rank: Super forum user 
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I recall that earlier thread only to well. As an observation it appears this issue will arise quite frequently with leased premises. Surely, CAR is at fault here by not making the onus clearer. Indeed I would have thought the onus should be on the Landlord to ensure prior to leasing that an asbestos survey has been commissioned and passed on to the lessee.
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Rank: Super forum user
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Ray - I have to agree with you there. Whenever we go through either an acquisition process or seek new premises, an asbestos management survey is a pre requisite during the process. We never complete without one.
We have walked away from premises in the past where considerable amounts of asbestos were present which would be extremely costly to remove in order for us to refurbish a premises to our standards - and th elandlord was unwilling to pay for (or contribute to) removal.
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Rank: Super forum user
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Ray
I think that CAR is perfectly clear about the duty to manage BUT it was never intended to make judgemnents on fiscal responsibility as there is already a well established branch of law to deal with such matters. - a lease or a contract. It is these documents that define repair responsibilities and any apportioning of costs.
No lease or contract then the costs are with the landlord. If such documents exist then look at the clauses.
As for the advice during Due Diligence then yes one might have a case for poor legal advice BUT as always the courts will have to decide on that.
Bob
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Rank: Super forum user
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Bob, I hear what you are saying, but clearly the principle does not work so well in practice. Having experienced solicitor's advice and been involved in civil courts I would avoid at all costs - it is a lottery and invariably whoever has the biggest pocket wins!
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Rank: Forum user
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Hi Thanks to all who posted replies. I think I have enough information to take to the client. I did however say to him about Regulation 3 and 4 of the CAR 2012.
I am speaking with him again in the next ten days where I will mention about the feedback on this forum.
Thanks again to you all.
Regards
Robert Paterson
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