Failure to mention asbestos - Revision history

Editor at 15:53, 19 May 2021

2021-05-19T15:53:15Z

← Older revision		Revision as of 15:53, 19 May 2021
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	* Asbestos management.		* Asbestos management.
	* Asbestos register.		* Asbestos register.
		+	* Control of Asbestos Regulations 2012 CAR12.
	* Failure to notify tenant.		* Failure to notify tenant.
	* Five signs you are at risk of asbestos poisoning at work.		* Five signs you are at risk of asbestos poisoning at work.

Editor at 17:01, 6 October 2020

2020-10-06T17:01:09Z

← Older revision		Revision as of 17:01, 6 October 2020
Line 21:		Line 21:
	* Asbestos.		* Asbestos.
	* Asbestos cement.		* Asbestos cement.
		+	* Asbestos management.
	* Asbestos register.		* Asbestos register.
	* Failure to notify tenant.		* Failure to notify tenant.
Line 30:		Line 31:
	* The risk of asbestos on brownfield sites.		* The risk of asbestos on brownfield sites.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Health_and_safety_/_CDM]]	+	[[Category:DCN_Case_Law]] [[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]

Designing Buildings at 13:59, 3 April 2020

2020-04-03T13:59:15Z

← Older revision		Revision as of 13:59, 3 April 2020
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	--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]		--[[User:Rex_Cowell_Solicitors\|Rex Cowell Solicitors]]

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Asbestos.		* Asbestos.
Line 25:		Line 23:
	* Asbestos register.		* Asbestos register.
	* Failure to notify tenant.		* Failure to notify tenant.
		+	* Five signs you are at risk of asbestos poisoning at work.
	* Material non-disclosure.		* Material non-disclosure.
	* Misrepresentation and insurance.		* Misrepresentation and insurance.
Line 31:		Line 30:
	* The risk of asbestos on brownfield sites.		* The risk of asbestos on brownfield sites.

−	[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Health_and_safety_/_CDM]]

Editor at 17:30, 23 April 2018

2018-04-23T17:30:50Z

← Older revision		Revision as of 17:30, 23 April 2018
Line 22:		Line 22:

	* Asbestos.		* Asbestos.
		+	* Asbestos cement.
	* Asbestos register.		* Asbestos register.
	* Failure to notify tenant.		* Failure to notify tenant.

Designing Buildings at 10:00, 8 August 2017

2017-08-08T10:00:53Z

← Older revision		Revision as of 10:00, 8 August 2017
Line 22:		Line 22:

	* Asbestos.		* Asbestos.
		+	* Asbestos register.
	* Failure to notify tenant.		* Failure to notify tenant.
	* Material non-disclosure.		* Material non-disclosure.

Designing Buildings at 14:43, 6 July 2017

2017-07-06T14:43:42Z

← Older revision		Revision as of 14:43, 6 July 2017
Line 27:		Line 27:
	* Pre-construction information.		* Pre-construction information.
	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.
		+	* The risk of asbestos on brownfield sites.

	[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]		[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]

Editor at 10:14, 29 June 2017

2017-06-29T10:14:45Z

← Older revision		Revision as of 10:14, 29 June 2017
Line 23:		Line 23:
	* Asbestos.		* Asbestos.
	* Failure to notify tenant.		* Failure to notify tenant.
		+	* Material non-disclosure.
	* Misrepresentation and insurance.		* Misrepresentation and insurance.
	* Pre-construction information.		* Pre-construction information.

Editor at 09:53, 29 June 2017

2017-06-29T09:53:09Z

← Older revision		Revision as of 09:53, 29 June 2017
Line 23:		Line 23:
	* Asbestos.		* Asbestos.
	* Failure to notify tenant.		* Failure to notify tenant.
		+	* Misrepresentation and insurance.
	* Pre-construction information.		* Pre-construction information.
	* Property disrepair and landlord liabilities.		* Property disrepair and landlord liabilities.

	[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]		[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]

Editor: Created page with "When selling or leasing property it is absolutely vital to answer pre-contract inquiries accurately and the consequences of not doing so can be severe. In the case of First Towe..."

2017-04-05T14:49:40Z

Created page with "When selling or leasing property it is absolutely vital to answer pre-contract inquiries accurately and the consequences of not doing so can be severe. In the case of First Towe..."

New page

When selling or leasing property it is absolutely vital to answer pre-contract inquiries accurately and the consequences of not doing so can be severe.

In the case of First Tower Trustees Limited & Anr v CDS (Superstores International) Limited (2017), a tenant of warehouse premises was awarded a seven-figure compensation after asbestos was discovered shortly after the lease was signed.

In reply to the tenant’s inquiries prior to execution of the lease, the landlords stated that they were unaware of any environmental problems relating to the premises. The landlords had in fact received an email from a specialist firm which reported a health and safety risk arising from the presence of asbestos.

Soon after the lease was signed, the tenant discovered the asbestos problem and very substantial remedial works were required before it could take up occupation.

The High Court acknowledged that landlords do not generally warrant the state or condition of premises before they are let and that it is for tenants to make their own inquiries, by survey or otherwise.

However, the statement that the landlords knew nothing of any environmental issues, when they had in their possession information that clearly pointed to a serious problem, amounted to a misrepresentation.

A term of the lease stated that the tenant acknowledged that the lease had not been entered into in reliance on any statement or representation made by the landlords.

However, the Court found that that provision was highly unreasonable and did not enable the landlords to escape liability. The tenant was awarded the costs of the remedial works and of arranging alternative warehouse accommodation during the period that it took to complete them.

--[[User:Rex_Cowell_Solicitors|Rex Cowell Solicitors]]

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Asbestos.
* Failure to notify tenant.
* Pre-construction information.
* Property disrepair and landlord liabilities.

[[Category:Case_law]] [[Category:Health_and_safety_/_CDM]]