A HUDDERSFIELD businessman says Kirklees Council has been springing "hidden charges" on firms renting units in Byram Arcade.

Nick Harvey has run his specialist rail trip business Green Express Railtours from the council-owned arcade for eight years.

He first signed a short-term tenancy agreement for his unit in 1997, then renewed it in 2001 and in April last year.

But he is now moving to Filey in North Yorkshire and told Kirklees he wanted to vacate his unit by last Monday.

He was told that before he could leave the property he had to commission a specialist firm to inspect it for signs of asbestos.

If any problems are found Mr Harvey will have to foot the bill.

He was also told he will have to redecorate the unit and get the electrics in it tested, at a cost of £100.

Mr Harvey said that until then he did not know he would have to pay these charges on leaving.

He said: "Kirklees owns Byram Arcade, but it is passing the responsibility for it to tenants.

"To get an asbestos firm in costs £440. They've just sprung it on me. They have not bothered to notify me.

"The council should have done a test before they let it in the first place," he added.

Mr Harvey, who was a Green Party councillor on Kirklees from 1996 to 2002, said small businesses thinking of moving to Byram Arcade should budget for the leaving charges.

He added: "There have been innovative businesses come to the arcade to start up and move on. These costs discourage them and could ruin them."

A Kirklees spokeswoman said all tenants in Byram Arcade were under a standard agreement which requires them to:

* Carry out internal repairs

* Ensure the unit complies with legislation relating to occupation of the unit

* Decorate the interior of the unit when asked to do so by the council

* Deliver the unit in good and substantial repair after the removal of their fixtures and fittings.

The spokeswoman added that every tenant in Byram Arcade had letters telling them they needed to carry out inspections of gas and electrical installations and glass on the premises.

She said Mr Harvey was sent such a letter in March, 1997, and in November, 1998.

She said the requirement to carry out asbestos checks was part of the Control of Asbestos at Work Regulations 2002, which came into force last May 21.

These require an employer to have property surveyed for asbestos and to arrange for its safe removal.

The "employer" is defined as "every person who has, by virtue of a contract or tenancy, an obligation to maintain or to repair non-domestic buildings."

The spokeswoman said Kirklees was responsible for the common parts of the building under the legislation, but not individual business units.

She said all tenants were told about the need for gas, electric, glass and asbestos checks in a Tenants' Newsletter sent out by Kirklees Design and Property Services in July, 2003.

She added: "It clearly - and boldly - informed tenants that they were responsible for carrying out the tests at certain intervals and also that they would be required to do so every time they assigned or vacated a property."