You have a legal responsibility as a landlord to manage asbestos in your rented property due to the health risk it poses. Prior to 1999, asbestos was used within construction because it was strong, durable and resistant to fire and heat, but was eventually fully banned in 1999.  So, all new properties constructed after 1999 are no longer allowed to have asbestos in the fabric. 

Here, we’ll take a look at your responsibility as a landlord for managing asbestos, highlighting the crucial steps you should be taking to ensure the safety of your tenants and to remain compliant with the law. 

What is asbestos, and why is it dangerous?

As mentioned above, asbestos was widely used in building materials from the 1950s to the late 1990s due to its ability to insulate buildings well, its resistance to fire and the strengthening properties within the material. 

You might have found asbestos in:

• Insulation: Around pipes, boilers, and in lofts.
• Asbestos cement products: Corrugated roofing sheets for garages, guttering, and drainpipes.
• Textured coatings: Artex ceilings or wall coatings.
• Floor tiles: Vinyl or thermoplastic floor tiles.
• AIB (Asbestos Insulating Board): Used in partition walls, fire doors, and ceiling tiles.

If left as is, asbestos is not harmful; however, it is when these asbestos-containing materials are disturbed that the danger arises because they release microscopic fibres into the air. If these particles are inhaled, they can be lodged in the lungs and can result in serious health issues later on in life, such as lung cancer or mesothelioma, which is a cancer in the inner lining of the chest wall or abdominal cavity. 

Legal responsibilities for landlords in the UK

So, what are your responsibilities as a landlord with asbestos? The primary legislation governing asbestos in the UK is the Control of Asbestos Regulations 2012, and while this regulation applies mostly to non-domestic properties, the Health and Safety Executive guidance makes it clear that landlords who need to repair their domestic property where contractors could disturb asbestos have duties under this legislation, too.  

As a landlord, you are required to: 

• Find out if asbestos is present: you will need to make a reasonable effort to determine whether or not asbestos is present in your property by commissioning an Asbestos Management Survey from a qualified professional. 
• Assess the risk: should you happen to find asbestos in your property, you’ll need to identify the risk it poses by determining its condition, location and any potential for exposure. 
• Prepare an Asbestos Management Plan: now that you have assessed the risk, you’ll need to develop a plan detailing how any identified asbestos will be managed. This can include leaving it as is if it is unlikely to be disturbed, covering it or removing it.

• Implement and monitor the plan: carry out the actions outlined in your plan and regularly monitor the condition of the asbestos in the rented property. 
• Provide information: make sure that you inform the necessary parties who may potentially disturb the asbestos, including your tenants or any contractors, regarding the location and condition of the asbestos. 

Informing tenants and safe management

It is important to maintain transparency as the landlord regarding asbestos in your rented property. Even if the asbestos is deemed safe and manageable, you should inform your tenants, providing them with clear and concise information about its location and the importance of not disturbing it. 

Furthermore, you should also give your tenants clear instructions on how to manage the asbestos, including explicit instructions to not drill into, sand, saw or otherwise disturb the materials that might contain asbestos in the rented property. 

To reassure your tenants, inform them of your management strategy and that the material is being monitored thoroughly and that only qualified professionals are able to deal with it if work is needed. 

Emphasise that any removal or intrusive work on asbestos can only be carried out by licensed asbestos removal contractors. General tradespeople or tenants should never attempt to handle asbestos. 

Best practices for landlords and asbestos

Here are the best practices that you, as the landlord, can follow and implement to ensure compliance and tenant safety when it comes to asbestos. 

• Get a management survey: commission an asbestos management survey if your property was built before 2000. This will definitely identify any asbestos in the rented property. 
• Maintain detailed records: keep all of your survey reports, risk assessments, management plans, removal certificates and communication with tenants and contractors. 
• Regular review: make sure that you review your asbestos register and management plan, especially before any planned renovations or maintenance. 
• Inform all contractors: ensure that all contractors are aware of the asbestos register in your rented property and are instructed on how to avoid disturbing the asbestos during any construction or maintenance work. 
• Adequate insurance: Make sure that you review your landlord insurance policy to ensure that it adequately covers any asbestos-related liabilities.

Best practices for tenants

Fortunately, tenants also have a role to play when it comes to asbestos in a rented property:

• Communicate immediately: ensure that your tenants are aware that they need to contact you should they accidentally damage any material that may contain asbestos. Tenants should not attempt to clean this up themselves. 
• Don’t disturb: ensure that tenants know to never attempt any DIY modifications, drilling, sanding, or removal of materials that may contain asbestos. 
• Ask questions: ensure that your tenants feel comfortable enough to ask you questions for any information about surveys or management plans you have in place. 

Landlords have a legal obligation to manage asbestos in rented property as it ensures the health and safety of tenants and also ensures that your property is habitable. When you educate yourself on your responsibility as a landlord for asbestos, you’ll ensure that you’re aware of the risks involved with asbestos and that you adhere to regulations. 

Remember, you’ll always be able to ask for help from qualified professionals in dealing with asbestos, so you are not alone in this matter. 

Make sure that you take care of your property and the safety of your tenants by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to manage asbestos in your rented property effectively.