The Control of Asbestos at Work Regulations are, in some respects, already in force. However, from a landlord and tenant point of view Regulation 4 (Duty to Manage Asbestos in Non-Domestic Premises) comes into force on 21 May 2004.

So who has the duty to ensure that premises with asbestos are dealt with in accordance with the regulations?

This comes down to how well you know your lease and whether you (as the landlord or tenant) have obligations in your lease which will mean that compliance falls upon you under the new regulations.

Regulation 4 states that the ‘duty holder’ is a person who has an obligation to maintain or repair non-domestic premises by virtue of a contract or tenancy and, under circumstances where no such contract or tenancy exists, every person who has control of that part of the non-domestic premises so affected.

In some circumstances you can see that this may place a burden on both the landlord and the tenant - or involve both of them - in which case relative contributions will need to be taken into consideration.

Assessment of the building is a job for a surveyor but determining where the burden of responsibility falls should be determined by what provisions there are in your lease.

It would be prudent for landlords and tenants to check the obligations in their leases to ascertain whether they are the ‘duty holder’ - as defined by the regulations - as the expectations of the ‘duty holder’ are onerous in respect of potential risk from the existence of asbestos within the premises.

For more information contact Paul Wilkinson on 01635 521212 or paul.wilkinson@clmlaw.co.uk