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Hidden Liabilities

In addition to considering the potential repairing liabilities and costs, potential Tenants need also to consider whether or not there is any potential liability to remove any contamination from the Property or whether there is contamination at the Property which could affect its business.

Legislation imposes liability for the clean up costs on the “Appropriate Person” which could, in certain circumstances, include Tenants.  Environmental searches should always be considered.

In addition, the position regarding whether or not there has been a Fire Risk Assessment at the premises needs to be considered, as does the position regarding any liability to carry out asbestos surveys and remove asbestos from the premises.

The position regarding any obligations or liability that may be imposed under the disability legislation does also need to be fully and properly considered.



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