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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a lease with Punch Taverns- should they have carried

Resolved Question:

I have a lease with Punch Taverns- should they have carried out a survey before we moved here- I have been here 5 years
Submitted: 6 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Did a solicitor act on you behalf when taking the lease?


Did they advise you of your option to have a survey commissioned?


Tom

Customer: replied 6 years ago.
Yes solicitor was involved but no suggestion that this should have been carried out.
Expert:  Thomas replied 6 years ago.

Hi,

 

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.


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Kind regards,


Tom

Customer: replied 6 years ago.
No sorry, I am talking about an 'Astbesos Survey'
Expert:  Thomas replied 6 years ago.

Hi,

 

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.

 

Kind regards,


Tom

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