Rank: Forum user 
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Good Morning, I'm not sure if this will have been asked before (probably has) but does the owner of previously unoccupied commercial premises (a period of possibly 10 years) have duty to supply information under HSW 1974 to new tenants (Occupiers). My understanding is that they are both duty holders, but in that sub-stantial period, anything from dilapidation to subsidence may have altered the fabric of a building and it is reasonably foreseeable that even if a management survey was carried out on the very last day of occupation before the unoccupied time period, that something may have changed the circumstances within the building, leading to the need for as a bare minimum 1 additional survey before allowing new occupants in to the premises. Basically either way, I can't find anything to the contrary in any asbestos legislation contradicting Sections 3 or maybe even 4 of HSW 1974 with a duty to supply information to others, or regarding premises. Does anyone have a practical experience of this? Many thanks
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Rank: Super forum user 
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Regardless of any legal stipulations, I would have thought that any commercial tenant would want to make themselves aware of what they are taking on. Commissioning their own surveys would be a crucial part of that process.
Just like buying a house but more so as no consumer protection for commercial deals.
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Rank: Forum user
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We relocated last year and yes, the landlord undertook an asbestos survey prior to us signing the lease.
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Rank: Super forum user
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Are we to presume that he is refusing to hand over the document? If so then I think you need a talk with your legal advisors to ask why they had not insisted on a copy being provided at the time of lease signature. You now occupy it and thus it is now your responsibility.
Persons taking over unoccupied premises constructed before 2000 really must ensure they have the relevant asbestos information BEFORE committing themselves to taking on a building. It is a necessary part of any Due Diligence process.
If the landlord has kept this back and will not give it then you are unfortunately holding the managment baby and all the associated costs. A half decent lawyer w/should have known this.
Bob
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Rank: Forum user
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Yes Bob, they are, and as assumed, you've confirmed where I thought we were. however I'm looking into the contract terms regarding maintenance etc. These vary greatly - but I do believe there should be an element of provision of information in the course of their works we should try negotiate on - D
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Rank: Super forum user
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Adale
Unfortunately you are now the person in control of the premises and unless the landlord is undertaking ALL maintenance then you have no option than to set up your own management plan for ACMs in the premises. Whatever you want to believe is unfortunately not relevant as the law stands - somebody dropped a major clanger in the Due Dilligence process and you need to go back to the legal adviser and ask what s/he proposes to do to rectify the problem.
In fact the landlord, unless he has been very careless with his Ts&Cs, can come to you for asbestos information for his maintenance staff. I have unfortunately encountered a number of these landlords and they know well what they are doing.
Bob
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