I rent a unit which has asbestos sidewalls and roof. The landlords solicitors have decreed that I must do no work on these structures. In my lease it is the landlords obligation to maintain the external building. It is 5 years now since I requested on many occasions that the leaking roof was to be mended. It has not been done yet they continue to bill me for the rent in full (plus yearly increments). What are my rights? At which point can I stop paying the rent?
What Are My Rights As A Commercial Tenant With Regard To Asbestos Exposure?
02
Oct
VANESSA
October 2, 2009 at 1:27 pm
If the roof is damaged it’s almost certain that you have been exposed to asbestos fibres – very bad news. Your landlord has a legal obligation to identify and manage any asbestos present in his property. Seek legal advice as soon as you can. Why don’t you move somewhere else?
The Hooded Claw© 67dtg
October 2, 2009 at 1:34 pm
As for the leaking roof. Sounds as if you are in the UK but here in the USA, if you request that something be fixed and landlord does fix it, we can have it fixed, pay the bill and then deduct the amount from the next rent check
sean d
October 2, 2009 at 2:05 pm
First, if they disclosed the asbestos to you, and you’re abiding your contract, you’re both in the clear.
If they are not mending the roof, AND you notified them in writing of the leaking roof (a requirement per fed law), then you can deposit your rent with the clerk of the courts.
This means:
a) the landlord cannot come after you for rent due, because you did pay it, but you paid it to the clerk of courts, which is a lawful thing to do when a landlord is not owning up to their responsibilities.
b) the courts are notified of a problem with the landlord and will record it
c) the landlord cannot collect the rent from the clerk of the courts until he/she satisfies the problems, so they’re more likely to do it quickly.
Take all your notice of the roof to the city hall, speak to the clerk of the courts, and deposit your rent there. Its really a very very simple process that only takes a couple minutes and can make your life very easy.
WG
October 2, 2009 at 2:37 pm
you’ve been there 5 years or so.. ? he or she knew they should have got rid of the asbestos.. as the concerns about it have been a lot longer..
I would speak to a solicitor, and he’s not a decent landlord.. find somewhere else if you could stating lack of maintence etc as the cause of breach of contract..
they are just being lazy and don’t wanna do the work.. but well if they did they would just keep upping your rent. but as your landlord he HAS a care of duty to deal with it.. I’d rent elsewhere and report him to health and safety etc =)