- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 23 Apr 2018
Failure to mention asbestos
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.
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.
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.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
Non-material amendments can sometimes be necessary after planning permission has been granted. Find out more here.
Six things civil engineers could do to ensure the success of projects.
Dublin housing crisis restricts employers' ability to recruit, according to new U+I research.
Intricate inlays and beautiful patterns can be created with waterjet cutting.
Two historic quarries in environmentally sensitive areas were reopened to repair Exeter Cathedral.
The phrase ‘time at large’ describes the situation where there is no date for completion, or it has become invalid.
The Maldives is under threat from climate change. Read this report from BRE on their potential involvement in the region.
MHCLG update states there are still 124 private high-rise buildings with unsafe cladding and no remediation plan.
Starting a new built environment degree? We have a wide range of resources aimed at students.
Former railway chief James Blake says trust and control are key to successful infrastructure projects.