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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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I lease a commercial property from inverclyde council. Recently

Customer Question

I lease a commercial property from inverclyde council. Recently when i am about to sell the property, the council asked me to do a condition report and obtain a asbestos report. The report from the asbestos survey states that there is an area of high risk. They also mention that because there is a suspended ceiling it is a safe working enviroment as long as it is managed and blocked off and there is no access and stickers are put in place warning future building workers of threat. Therefore no need to remove. however the council want me to remove it. I dont know if that should be my responsibility even though my lease is a full insuring and repairing lease. Should this be their resposibility or mine?


Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Are you trying to sell and assign the lease to another party which will become the tenant?

What does your lease say about the condition of the property? Is there a schedule of condition or are you bound to comply with a dilapidations schedule?

Can you scan and email the lease to [email protected] so that I can look at the lease? An FRI lease is always a problem in this type of situation. If I can help you I will but I need to see your lease.
Customer: replied 3 years ago.

hi, sorry for late reply.

I am trying to sell and assign lease to new tenant. I was asked to do a condition report of property and carry out remedifications according to report, yet this wasn't done when i was buying 18 years ago. Their answer to that was i should have satisfied myself by doing my own survey.

I will try to get the lease scanned emailed to you asap. If that isnt possible can i post it out, if so what is the address.

Also if i can contact you phone it will be easier, if you have a contact number or you can call me on XXXXXXXXXXX



Expert:  JGM replied 3 years ago.
Experts can only work thought the site, I'm afraid.

I will look at the lease. In particular I wish to see the repairing obligations. Unless you did a survey at the time and agreed that you would only have to keep the property in the same condition that you took it on in, then you may have a problem here if the lease is full repairing and insuring.

The reason for that is that the tenant then takes on the lease on a full repairing basis and the landlord can insist that the tenant leaves the property is substantially good condition and repair which can be a far higher standard than when he took the lease.

That is why a survey and a schedule of condition are so important in lease of this type. However, I will comment further once you have sent the lease to [email protected] Ask the moderator to send it to JGM.
Customer: replied 3 years ago.

hi i have emailed something else that is in the inverclyde councills own website about new laws about asbestos coming into act in 2006 and the councills resposibility in this.

if you can have a quick look over this, from the contents if you go to the introduction part 1.1, 1.2, 1.3 1.4.

From what i can read according to this it is their responsibility.

Also if i never touched the asbestos sinse the start of my lease surley they should not have leased it out to me in first place putting myself,staff and customers at danger. Now they want me to remove it which i cant afford


Expert:  JGM replied 3 years ago.
I have read this document. The important clause here is

"It applies to all persons who have access to, use of, or are responsible for the maintenance of Inverclyde Council premises."

If you have a full repairing and insuring lease, you are responsible for the maintenance of the premises. That is why I have to see your lease.
Customer: replied 3 years ago.

hi, i have forwarded the lease onto you.

Although i know i have a FRI lease, how is that related to asbestos? Should i not have been told about it even though it was 18 years ago since i purchased it?


Expert:  JGM replied 3 years ago.
I have looked at the lease. It is incomplete. Can you scan be page 10 to the end please. I have the offer to lease and pages 1 to 9 only.

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