- 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
New editor covered facilities management, operations and construction in the US.
Exclusive log cabins on the North Antrim coastline.
Proactive forestry for strategic water management.
CIOB urges construction to share PPE with healthcare providers.
Why not write that article you've always meant to?
One of the seven man-made wonders of Arizona.
A more flexible approach is needed.
A quick step-by-step introduction to the BREEAM process.
First pioneered in the USA and then France.
The European BACS market has been showing signs of growth.
Free ICE publication for World Water Day.