Rank: Forum user 
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Here's a tricky one, landlord lets building with wind and water tight obligations on the contract no more than that. Tenant is responsible for maintenance of building to curretn state only at time of signing lease. Asbestos management is not spefically dealt with in the contract, who is responsible for the asbestos? Boards have fallen and exposed asbestos, there is a surveyor recommendation that all of it needs stripping out.
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Rank: Super forum user
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This is one for the lawyers. But a contract has implied terms as well as those spelled out in the paperwork. Managing asbestos is well established legal duty and for a landlord to offer tenancy on a\propertyu without at least mentioning the asbestos is probably a breach of contract.
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Rank: Super forum user 
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"Maintaining to current state" suggests liability for re-encapsulating asbestos boards. Re-encalpsulating will require specialist contractor and there's a presumption that the occupier is aware (via an asbestos register provided by the Landlord).
That may well be impractical, asbestos may need to be removed (with obvious potential impact on occupier's undertaking) and lead to an interesting contest with the Landlord.
If exposed baords have been damaged in any way then there is a more immediate problem to deal with.
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Rank: Super forum user 
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Little help now, but an asbestos survey should have been provided and if not, one requested.
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Rank: Super forum user
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This is going to be a lawyers field day. It would/should be routine for any half decent property legal adviser to ask questions concerning asbestos in a building for either rental or purchase situations. Silence re abestos is pointing to a degree of negligence or false information by one party or another.
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Rank: Forum user
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Originally Posted by: RayRapp  Little help now, but an asbestos survey should have been provided and if not, one requested.
There was an asbestos survey undertaken by the landlord prior to occupation in 2013, they passed this information on to the Tenant. So everyone around the table was aware the boards were there. Interesting development is that a member of the HSE & HSL has attended site to view the damage, which has been sitting in a 1m exclusion zone for the best part of a year, and found Amosite on the floor, a notice of contravention has been served against the landlord.
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Rank: Super forum user
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There's every possibility of action against the Tenant too (assuming this is a workplace). Tenant (from info. you provide) had prior knowledge and did not take appropriate measures following damage.
If I worked there I wouldn't be best pleased.
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Rank: Super forum user
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Buyer (or in this case tenant) be aware! The problem is that there is no such thing as a standard lease and landlords can put anything they want in them providing it does not result in unfair terms. A lot of leases do transfer the duty to manage asbestos to the tenants which could make them liable for stripping it out. However most experienced tenants negotiate lease terms removing liabilities, reducing the rent or insisting some refurbishment works are carried out. You need to consult a chartered surveyor that specialises in lease agreements. If the landlord is sure of their ground they will appeal the enforcement notice and you may find the tenant is then named on it. Be wary of what some asbestos surveyors recommend, as some are chasing very lucrative stripping out work, you need to look at the asbestos risk assessment which should adhere to HSG264 - Asbestos: The survey guide.
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