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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Remortgaging a property commercial property I bought at auction

Resolved Question:

Remortgaging a property commercial property I bought at auction and the lender needs an asbestos survey. Property has a tennant on a FR&I lease, is it their obligation to do a survey. No mention of asbestos in lease.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The lender correctly requires an asbestos survey because there is a statutory obligation on those who own or occupy or have a repair obligations for commercial premises to have a property survey and to have a management plan for any asbestos found. So. the lender will simply not proceed without one. The question is therefore who pays for it. If there is a lease then you should check the lease to see if there is any tenant obligation to obtain an asbestos report. If there is not and the tenant has employees then you should refer them to the legislation (Control of Asbestos Regulations 2006) and say that they could be liable for a fine or potentially criminal charges if one is not obtained.The tenant may resist getting one or giving you a copy to produce to the lender at which point you would be at a stand off. Personally, I would make the point to the tenant and then say that perhaps you both share the costs of the survey. You generally find that a conciliatory way forward produce the best and – I suspect the most important in your case – quickest result. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The lender correctly requires an asbestos survey because there is a statutory obligation on those who own or occupy or have a repair obligations for commercial premises to have a property survey and to have a management plan for any asbestos found. So. the lender will simply not proceed without one. The question is therefore who pays for it. If there is a lease then you should check the lease to see if there is any tenant obligation to obtain an asbestos report. If there is not and the tenant has employees then you should refer them to the legislation (Control of Asbestos Regulations 2006) and say that they could be liable for a fine or potentially criminal charges if one is not obtained.The tenant may resist getting one or giving you a copy to produce to the lender at which point you would be at a stand off. Personally, I would make the point to the tenant and then say that perhaps you both share the costs of the survey. You generally find that a conciliatory way forward produce the best and – I suspect the most important in your case – quickest result. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
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