Did a solicitor act on you behalf when taking the lease?
Did they advise you of your option to have a survey commissioned?
Thanks for your reply.
I assume you are referring to a structural survey form a chartered surveyor.
There is no obligation for a proposed landlord to provide a structural survey to a proposed tenant. There is little consumer protection in this regard. It is for the proposed tenant/their solicitors to make appropriate enquiries and investigation of the state of the property. If the lease is a fully repairing one a solicitor would normally advise a client of the extent of their repairing obligations under the lease (inc cost implications) and then make them aware of their option to commission a survey with a surveyor to provide a commentary on the structure.
They could also attempt to negotiate a qualification to the repairing responsibilities which states that the tenant shall not be responsible to put the property in any better state of repair than that demonstrated in the Schedule of Condition (which provides a detailed commentary on the state and structure) or in a Schedule of Photographs (which is obviously not as reliable as a schedule of condition.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards,
The Control of Asbestos regulations imposes a duty to manage asbestos rather than to survey a property for asbestos. It does not extend to a stipulation that every commercial landlord must produce an asbestos survey to a proposed tenant I'm afraid.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).