First commercial property

grassgirl

I’m renting.
There was mould that had been ‘fixed’ by the builder previously.

I hire a specialist out of my pocket (3 days shop rent cost). He said baby steps rather than chuck money at it and to replace pipe and do the lagging.

Then as I was pulling up the mouldy flooring, I saw newspapers on the floor from the 60s and thought about asbestos. Sent a pic to a specialist and he said the lino could do with a check and it’s damaged so I felt it needed it. Landlord will send in builder to pull it up but not to have it tested.

I understood that if there is potential asbestos, they had to keep a record of what and where.

The landlord has already said lino may have asbestos in. He did not tell me before, only on my querying.

As it’s damaged, I want it gone but I want to be safe more.

He won’t compensate for lost rent days, he won’t tell me the plan for removal.

I’m going to let the builder fix the pipes. I’ve told the builder of my safety concerns for him, me, and customers. No reply.

I emailed HSE yesterday, their agent on the phone said he needs to get it tested or treat it as asbestos and he can’t get unqualified person to remove as it is damaged.

I feel it may be overkill, but I just want to do things right, in a safe way, legally, and get my shop open (which should have happened Thursday).

Thanks in advance.

Unsure where to post this. Sorry.

grassgirl

The cost to remove is about £8k. A years rent is £4K. I’ve had the keys 5 days. I’m totally blank.

If I was a worker, it would be unlawful exposure. But because I’m a tenant, it’s ok? Really?

lincroft1710

Well that's a first!

I never knew linoleum could contain asbestos.

Your rights as a commercial property tenant are very limited. I trust you had a solicitor specialising in commercial property acting for you when you signed the lease/tenancy? If so, they will be of far more help than virtually anyone on this forum.

Annisele

Yep; it does depend very much on what kind of lease you have.



It's not unusual for commercial properties to be let on a "full repairing and insuring" basis - where the tenant is responsible for all repairs. But there are other types of leases, and the repairing obligations can be a matter for negotiation.

grassgirl

Thanks both, I’m booked in with the solicitor yes. The agreement is landlord responsible for repairs, unless insurance is unavailable. Solicitor said that everything would legally have to be insured, so that calmed me at the time. But now I’m not sure that’s correct! Will know more on Monday and hopefully it’s worry over nothing an not asbestos at all. I may throw a party if so.

eamon

Asbestos appears in hundreds of different building products and peak use in the UK was from the end of WW2 to 1985 when the import and use of crocodilite & amosite were banned followed by chrysotile in 1999.

There is loads of information on the web. Its only banned for use in 67 contries and what surprises many is that it it still mined and used.


For the OP your solictor needs to be asking for more information from the landlord. The link below is useful
https://www.directlineforbusiness.co.uk/lib/pdf/landlord-resources/problem-solving/Asbestos.pdf

jonnygee2

I think you should consider a contracting a commercial landlord and tenant surveyor, who can read your lease, inspect the building, and advise.