Landlord asbestos responsibilities: A guide to asbestos awareness and compliance
Navigating the complexities of property management involves more than just routine upkeep; it demands an awareness of potential hazards that could impact the health and safety of tenants. Among these, asbestos stands out as a concern. As a landlord, understanding and managing asbestos risks is not just a matter of legal compliance, but a vital aspect of ensuring the well-being of those who reside in your properties. This article explores landlord asbestos responsibilities, outlining the legal framework, conducting risk assessments for asbestos and the necessary steps to mitigate its potential dangers. Whether a property is a century-old building or a more modern construction, being informed and prepared is key to safeguarding your tenants and your investment
Asbestos awareness and its risks
Asbestos, formerly a popular construction material, is known for its flexibility and fire resistance. Used in materials like soffit boards and insulation, it poses no immediate risk unless disturbed. However, activities like drilling, sanding or cutting can release dangerous fibres into the air. If inhaled, these fibres can lead to severe health conditions such as mesothelioma, asbestosis and lung cancer.
Recognising the presence of asbestos
A key aspect of landlord asbestos responsibility is recognising the presence of asbestos. The Health and Safety Executive (HSE) states in their Introduction to Asbestos Safety: ‘The duty to manage asbestos in buildings covers:
- All non-domestic premises, like factories or shops
- ‘Common parts’ of multi-occupancy domestic premises, like purpose-built flats’.
You can find out more on the Health and Safety Executive site: The duty to manage asbestos in buildings and Approved Code of Practice: Managing and working with asbestos will help dutyholders comply with the Control of Asbestos Regulations.
A landlord will need to consider the building’s age; structures built pre-2000 may contain asbestos. Be cautious of additions and renovations, as asbestos use persisted in some forms until its total ban in 1999. If your building predates 2000, assume asbestos is present until proven otherwise.
A landlord’s legal duty to manage asbestos
There are several laws that govern a landlord’s asbestos responsibilities, these are:
Control of Asbestos Regulations 2012: This law applies to commercial premises and the common areas of shared domestic buildings like HMOs. It does not apply to individual private domestic rentals. It mandates that those responsible for tenancy, contracts or property maintenance take steps to minimise tenants’ exposure to asbestos. This includes identifying the presence of asbestos, determining the risk it poses, and writing a plan to manage those risks.
Landlord and Tenant Act 1985: This act requires landlords to maintain the structural integrity and exterior of their properties. If the property’s structure contains asbestos and becomes hazardous due to lack of maintenance, tenants have the right to take legal action against the landlord.
Housing Act 2004: Under this act, landlords are obliged to use the Housing Health and Safety Rating System (HHSRS) to identify and address potential hazards in their properties, including asbestos. Failure to mitigate asbestos risks may result in enforcement measures by the local authority.
Homes (Fitness for Human Habitation) Act 2018: This legislation mandates landlords to ensure their properties are fit for human habitation, considering the presence of asbestos as a factor that can render a property uninhabitable.
The Environmental Protection Act 1990: Tenants can report asbestos to their local authority under this act. If confirmed as harmful, the authority can issue an order for the landlord to address it. Non-compliance can lead to criminal prosecution, with the local authority carrying out the work and charging the landlord.
Defective Premises Act 1972: If a landlord has built a property themselves, it must be free from major defects, including asbestos. Tenants affected by asbestos can sue the landlord, who may be ordered by the court to rectify the issue. This also applies to tenants who have purchased their property from the landlord.
Each of these laws highlights the importance of proactive asbestos management by landlords, emphasising both the health implications and the legal consequences of non-compliance.
Landlord Asbestos Responsibilities: Asbestos Surveys
As already outlined, the landlord of a commercial property have a legal duty to identify asbestos and manage it effectively. If you suspect its presence, an asbestos survey, particularly in pre-2000 buildings, is required. These surveys help to identify the presence and condition of any asbestos-containing materials (ACMs).
The Health and Safety Executive outlines how you can source professional advice and services on asbestos issues. Types of surveys include Management Asbestos Surveys for general monitoring, Refurbishment and Demolition Asbestos Surveys for major renovations, Re-Inspection Asbestos Surveys for ongoing assessment and Sampling Surveys for identifying asbestos types.
If asbestos is present, you must perform a risk assessment and create a management plan. This plan should detail how the risks from these materials will be managed. While asbestos in good condition can be left alone but monitored, any deterioration or damage requires immediate attention. Landlords must inform tenants and any workers or contractors about the presence of asbestos to prevent accidental disturbance.
To conclude, asbestos is a sensitive subject, and some tenants may be anxious about its presence, even if it’s been proven by a professional survey that the presence of asbestos is not a threat to their health. Landlord asbestos responsibility is a crucial aspect of property management, ensuring the safety of tenants and helping landlords navigate the complex legalities surrounding asbestos management. The key to effective asbestos management lies in awareness, education and proactive action.
Want to take your landlord’s asbestos responsibilities seriously?
Asbestos awareness training educates landlords about the risks of asbestos exposure and aids in navigating the complexities of relevant laws and regulations. It empowers landlords with knowledge for effective risk management and the identification and handling of asbestos-containing materials, potentially avoiding costly future remediation by addressing asbestos-related issues promptly and efficiently.
Interested in our asbestos awareness safety training?
Our Asbestos Awareness Course (Category A) will enable you to understand your asbestos safety obligations, learn how to identify asbestos-containing materials, understand the risks associated with asbestos exposure and gain insights into the legal obligations and best practices for managing these risks effectively.
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