Who will be the Duty Holder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises. The duty holder may be the Business Owner, the Landlord or Tenant depending on the circumstances of the case. In some cases responsibility could be shared between two or more parties. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building, for example, to carry out a survey. Also, a building surveyor or architect who has plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder at a reasonable cost.
