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Does this count as a CF?

32 replies

TrickyD · 05/06/2020 11:06

For many years my mum owned a shop which she sold to her cousin in 1967 or thereabouts.

This winter the town, including the shop, was badly flooded and the floor of the shop had to be taken up.

A layer of Asbestos was discovered underneath the floor covering which as far as I remember was some sort of vinyl tiles.

Obviously dealing with it it is an expensive job.

However I heard this morning that the owners are blaming mum for selling them the premises and their insurers are likely to be contacting me regarding a claim.

Surely I cannot possibly be held liable in any way for this? Mum died in 1993, (not of anything remotely asbestos related). I was not involved in the sale. If anyone is at fault it must be their surveyors, assuming they had a survey.

Common sense says it is not my problem, but I find it unsettling nevertheless and rather a case of CF behaviour.

Reassurance welcome.

OP posts:
Funnyface1 · 05/06/2020 12:33

That's like saying "your dad committed a serious crime 40 years ago and we can't find him so we're holding you responsible and arresting you". Ridiculous!

BlueJava · 05/06/2020 12:37

I do not see how anyone could be held responsible for that - it's completely ridiclous! Asbestos wasn't illegal at that time, plus you can't be held for your mum's shop floor from the 60's! Jeepers I think this is one of the craziest things I have read on here!

ToddlerBumpBorderCollie · 05/06/2020 12:38

This has given me a giggle. Thanks 😄

HUCKMUCK · 05/06/2020 12:47

@WhoWouldHaveThoughtThat - I've just spent at least a minute wondering how you are digging up Roman Poetry !! Should read more carefully!

Saz12 · 05/06/2020 13:00

I guess if the shop had been sold last year and been lied to about the asbestos, then the owners could have a claim against your Mums estate, which if you inherited it...

BUT.... sold in 1967???? Over 50 years ago???? Offer to buy the shop back from them for the same amount they paid inn1967, you’d make a fortune!

Fairybatman · 05/06/2020 13:00

If it ever comes to anything, you could remind them of the following.

“There is a legal presumption that any non-domestic premises built before 2000 contain asbestos. Under the Control of Asbestos Regulations 2012, SI 2012/632, the 'dutyholder' must carry out a 'suitable and sufficient assessment' to establish whether asbestos is present in non-domestic premises”

Presuming that the shop has been open to the public since 2012 they would be negligent in their responsibility to complete an asbestos survey and maintain an accurate asbestos register.

So ner! Grin

TrickyD · 05/06/2020 13:27

Ner indeed, Fairybatman, yes definitely open to the public, it is a hairdressers, with a flat above.

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