Asbestos in a rental property: landlord responsibilities

What is asbestos?

It's widely known that asbestos was commonly used as a building material between the 1950s and 1980s and has since been banned due to how harmful it can be. If you are looking to invest in an older property, you could potentially be exposing your tenants to asbestos, without realising. Here's what you need to know about asbestos and how to protect your tenants.

It's strong, durable and resistant to heat and fire, so you can understand why asbestos was a popular building material. There are different types of asbestos and legislation banned the blue and brown types in 1986 and the use of white asbestos was controlled and eventually banned by 1999. However, there are some exemptions for certain types of industrial use. It is illegal to use asbestos in new buildings, but the presence of it is not illegal in buildings built before the bans were introduced.

Where asbestos might be found inside a property:

• asbestos insulating board (AIB) around boiler
• toilet cistern
• vinyl floor tiles backed with asbestos paper and bitumen adhesive
• AIB or asbestos cement bath panels
• AIB ceiling tiles
• AIB airing cupboard and/or sprayed insulation coating boiler
• pipe lagging
• AIB partition wall
• asbestos cement water tank
• AIB behind fuse box
• textured decorative coating, for example Artex
• loose fill insulation
• AIB behind fire
• AIB or asbestos cement interior window panel

Where asbestos might be found outside a property:

• AIB or asbestos cement soffits
• roofing felt
• asbestos cement roof tiles/slates
• asbestos cement panels
• Profiled asbestos cement sheeting
• AIB or asbestos cement exterior window panel
• Gutters and asbestos cement downpipes 

How to check if your property contains asbestos

The only way to confirm whether a property contains asbestos, is to have a professional survey. Management surveys are not usually necessary for domestic buildings but may be required in communal hallways and corridors in HMOs or blocks of flats. However, asbestos surveys are a legal requirement for non-domestic properties built prior to 2000. It should also be noted that you can't rely upon a mortgage valuation to highlight if there is asbestos within a property.

An asbestos survey aims to:

• provide accurate information on the location, amount and condition of asbestos-containing materials (ACMs)
• assess the level of any damage or deterioration of the ACMs and whether remedial action is required
• provide information to produce an asbestos register and an asbestos management plan for the premises
• identify hidden ACMs to be removed before refurbishment work or demolition

There are 2 types of survey - a management survey and a refurbishment or demolition survey. Both these survey types are likely to require sampling. To analyse a sample you must use trained and competent analysts who must be accredited.

When and how is asbestos a problem?

Materials containing asbestos are generally safe if they are in good condition but if broken or damaged can release harmful fibres and dust into the air. You can find out more from the Health and Safety Executive (HSWE)

Immediate effects of inhaling asbestos may not be noticed to begin with, but can have a serious impact your health later in life. Asbestosis is an inflammatory disease that results in the scarring of the lungs and is one of the potential risks, as well as cancer of the lungs.

Protecting your tenants

To help prevent your tenants being exposed to asbestos, Regulation 4 of the Control of Asbestos Regulations 2012 outlines that landlords have certain responsibilities towards this. For all the common areas the building includes, you have the responsibility to ensure no potentially harmful asbestos containing materials are found. These common areas include:

• staircases
• corridors
• roof spaces
• boiler and plant rooms
• outbuildings
• gardens

It is always important that you are aware and up to date* with all the information regarding the responsibilities you have as a landlord to protect your tenants from exposure to asbestos.

The Landlord and Tenant act of 1985 states, the property must be fit for human habitation before it can be leased. Part of this act states that any asbestos material that is in unsafe conditions must be dealt with before the property can be leased. If this is not the case, legal actions may be taken with the landlord.

If you require further advice, please do not hesitate to contact a member of our team on 01656657033 or email info@smart-lettings.co.uk