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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, We are moving out of our rented house in Darlington

Resolved Question:

hi there,
We are moving out of our rented house in Darlington and our landlord has decided to sell. He has been in touch to ask if he can come and remove asbestos sheeting from the boiler room ceiling before any survey is done. Clearly he has been aware of the presence of the asbestos for the 2 years we have been tenants but has not informed us at any point. We use the boiler room to store and cut wood for the fire, at his recommendation. We replied saying that we would not under any circumstances allow him to disturb or remove the asbestos himself during our tennancy.
After some initial research we discovered it is a criminal offence for a landlord to knowingly leave asbestos in place and not inform the tenants. It should be labelled and sealed or removed.
What are our possible next steps
Thanks
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.
I want to know if we have a case to get either a rent rebate or any have any legal case against the landlord knowing about asbestos but not informing us about its' presence.
Expert:  Ash replied 1 year ago.
Ok. What loss did you suffer?
Customer: replied 1 year ago.
No loss but obviously losses due to any asbestos exposure can take years to develop. Reading between your lines are you saying without loss there is no case for the landlord to answer?
Expert:  Ash replied 1 year ago.
Indeed sadly yes. You need to have some loss. If it takes years then you will have a claim - but at present no loss means no claim. The whole point of going to Court is to put you back into the same position you would have been in should whatever went wrong not occurred.
So in this case if there is no injury there is no claim. He could still face criminal proceedings by the Local Authority, but sadly not civil.
I am sorry if this is not the answer I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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