Property law - Frequently Answered Questions

 

• Why do I need an Asbestos Survey?

  The control of Asbestos at Work Regulations 2002 (Regulation 4) came into effect on 21 May 2004. It has been estimated that asbestos exists in some form or other in 4.4 million buildings in the UK. In most cases asbestos is not dangerous because it is usually covered, encased or similarly protected. The people who are at greatest danger are maintenance workers, electricians, plumbers and carpenters who may disturb asbestos during repair or maintenance works causing damage to themselves or others. The obligations arising under these regulations are placed on the duty holder who is defined as anyone who has a maintenance obligation for any extent for non-domestic premises by virtue of a contract or tenancy. This could include landlords, builders, maintenance contractors, management companies, managing agents as well as tenants. This means that when you come to sell your commercial property or assign your lease of the commercial unit a purchaser will be looking to see that you have complied with your obligations under the regulations, namely in carrying out and holding a risk assessment of the premises showing the location of any asbestos on the premises and an assessment of its condition. Managing agents or freeholders of residential property are also required to have an asbestos survey/risk assessment undertaken in respect of the common parts of residential flats.

• What is “security of tenure” in relation to business/commercial tenancies?

  Security of tenure is the right to remain in occupation of a property when the lease comes to an end. Part II of the Landlord & Tenant Act 1954 confers security of tenure on business tenants and regulates the way in which business tenancies can be terminated. Under the provisions of this Act, notwithstanding the end of the term of the lease, the tenancy will automatically be continued until such time as it is terminated in one of the ways specified in the Act. The Act also allows business tenants a statutory right to apply to the Court for a new tenancy once their existing tenancy comes to an end and the Landlord may only oppose that application on certain statutory grounds. The Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant for the purposes of business carried on by him.

  For more information contact:
  David Barling - dhb@dwl.uk.com