Failure to mention asbestos
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.
[edit] Related articles on Designing Buildings Wiki
- Asbestos.
- Asbestos cement.
- Asbestos management.
- Asbestos register.
- Control of Asbestos Regulations 2012 CAR12.
- Failure to notify tenant.
- Five signs you are at risk of asbestos poisoning at work.
- Material non-disclosure.
- Misrepresentation and insurance.
- Pre-construction information.
- Property disrepair and landlord liabilities.
- The risk of asbestos on brownfield sites.
Featured articles and news
Combating burnout.
The 5 elements of seiri, seiton, seiso, seiketsu and shitsuke.
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.