Rank: Forum user 
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My client is an engineering firm who is sole occupier of a leased industrial unit. The landlord is about to sell the unit to another property company and has asked my client for their Asbestos Plan.
As the building is circa 1985, my client has presumed that there is no asbestos present but accepts that an asbestos survey may be needed.
However, my understanding is that the prime responsibility for carry out a survey, and footing the bill, rests with the landlord (the owner of the asbestos) with the occupiers responsible for acting upon the information.
Have I got this wrong please??
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Rank: Forum user
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Steve,
It will really depend on what the lease/contract says, the duty will lie with whatever was determined by the detail in the lease, it could be either or both. This is what the HSE say:
'In many cases, the dutyholder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract'
Suggest you get your client to check.
It is worrying that this is only coming up now, what arrangements have they had in place for managing asbestos in the past.
Though blue and brown varieties where banned in 1985, white wasn't until 1999, so I think the building age is still in an era when there is a possibility that it may not be asbestos free, certainly not without checking.
Regards Lisa
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Rank: Super forum user
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Landlord is selling therefore it is HIS responsibility to comply with the duty of care requirements for the sale. You must manage what is there but have NO duty to provide the information unless agreed under the lease.
As the building is pre 2000 you will need to have a management plan for which a survey will probably be required. Be generous to the landlord and offer to sell him a copy at whatever it costs you to get it. Your management plan is however your plan and nobody else's.
Bob
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