Real estate development
Scenario – The report
Read the scenario below. You are asked to identify the legislation that may be involved and discuss their practical application to the scenario in terms of the procedures to be followed, in the form of a report that may be addressed to either the Landlord or the T enant.
As it is impracticable to provide more detailed information, you will have to make a number of assumptions to ensure coherence. All your assumptions should be clearly stated.
Note: you are required to provide appropriate advice to the Pain Estates Plc or to the Youens Finance Ltd on the implications and recommended course of action in respect of the specific problems identified, as follows:
o HealthandSafetymatters o EqualityAct(andDDA)
This is not generic advice on the application of the legislation but it is advice quite specific to the problems arising from the scenario described. All your assumptions must be clearly stated.
Your report must be fully referenced using the Harvard system.
Pain Estates Plc own the freehold of 65 Gresham Street, in the City of London, an 8 storey office building (including basement), built circa 1935 and last refurbished in 2004. This Grade 2 Listed building has a steel structure, clay hollow-pot slabs, solid brick party walls, painted steel windows and external thin stone cladding to the brickwork. The services are relatively basic (central heating and some individual a/c units), and the 2 passenger lifts were renewed as part of the last refurbishment.
Youens Finance Ltd hold the Head Lease of the building, granted in 2006, for a period of 15 years, on FRI basis. They occupy the lower 6 floors and sublet the 5th and 6th floors on a 10 year internal repairing lease to Soundzone a music recording studio.
Pain Estates have received an application from Youens for approval of alterations in respect of refurbishment works to include:
the demolition of the chimney breast from the 5th and 6th floors to increase floor space for Soundzone;
the removal of the fire lobby to the first floor to allow direct access to their reception area from the lifts;
the removal of the granite steps from the street level to the entrance hall to enable their disabled clients and visitors to access the premises.
Youens have also requested that the landlord provides accessible toilets in the common parts for their visitors and other users.
M. Grinfeld – Space Strategies and Legislation 2014 2015 26
On receipt of the application, Pain decide to serve an Interim Schedule of Dilapidations on Youens. The last time any works of maintenance to the building were carried out was in 2008, and internal repairs and decorations have not been carried out since that time either .
In preparing the drawings and specification to accompany the application to Pain Estates for approval of alterations, some exploratory opening up of the chimney to be demolished has been carried out and, to the dismay of all concerned, it was found that the flue was lined with asbestos which was friable and powdery.
No record of the presence of asbestos in this area was found in the existing Asbestos Register, and Soundzone, the sub-tenants occupying the 2 floors have been using the flue for their ventilation system. The fact that there were high profile cases of death caused by asbestos-related mesothelioma contacted in recording studios (Mickey Most and Malcolm Mac Laren) has caused the subtenants to take legal advice on the matter to ascertain if action should be taken against the landlords.
*Note – should include an appendix of all the legislations that were used for the coursework
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