Q&As

Where a property is let, who is the dutyholder in respect of asbestos at the property as between landlord, tenant and any subtenant? Can the duty be assigned to another party? Does the landlord have an overarching liability?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 02/11/2016

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where a property is let, who is the dutyholder in respect of asbestos at the property as between landlord, tenant and any subtenant? Can the duty be assigned to another party? Does the landlord have an overarching liability?

Where a property is let, who is the dutyholder in respect of asbestos at the property as between landlord, tenant and any subtenant? Can the duty be assigned to another party? Does the landlord have an overarching liability?

Regulation 4 of the Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) (SI 2012/632, reg 4) imposes a statutory duty to assess and manage the risk of asbestos being present in non-domestic premises (see generally Practice Note: Control of asbestos—duty to manage; and, for example, SI 2012/632, reg 4(3) and (8)). Under SI 2012/632, reg 4(1)(a) the ‘dutyholder’ is defined as ‘every person who has, by virtue of a… tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises’. This definition therefore catches any party under a tenancy who has a liability for repair. Exceptionally, where a part of non-domestic premises is not the subject an obligation to repair, the ‘dutyholder’ is probably the person who has control of that part (although the wording of SI 2012/632, reg 4(1)(b) applies where there is no tenancy, rather than no obligation to repair). Moreover, every person must cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with the duties set out under SI 2012/632,

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