TYNE AND WEAR, U.K. - Oct. 1, 2020 - Are you a landlord? Here's the asbestos need-to-knows

To help prevent your tenants being exposed to asbestos, Regulation 4 of the Control of Asbestos Regulations 2012outlines that landlords have certain responsibilities towards this. Depending on the extent of the maintenance and repair of non-domestic premises the tenant agreed to, this will decide the degree of legal duty landlords have.

For those that rent out properties, the same concept applies. 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 consequences of not caring

As previously mentioned, depending on the extent of the legal duty both the tenant and the landlord have agreed upon in their contract, it can be up for debate who is responsible for dealing with asbestos issues. If the agreement excuses the landlord from any statutory compliance, this would mean that the tenant is obliged to comply with all common law and codes of practices that are presented — meaning the landlord would not be held accountable for any issues with the property. To add, it will also give the landlord the right to take direct action against the tenant for breaching their lease conditions.

Although, if this type of contract isn't present, the responsibility usually is in the hands of the landlord. But again, this could differ if the tenant holds the greatest accountability over the premises.

As the Landlord and Tenant act of 1985 (https://app.croneri.co.uk/feature-articles/landlord-or-te...) 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.

Sources:

Asbestos Audit: asbestos survey (https://www.asbestosaudit.co/asbestos-surveying)

https://www.blf.org.uk/support-for-you/asbestos-related-conditions/what-is-asbestos

https://www.chemistryworld.com/news/why-asbestos-is-still-used-around-the-world/3007504.article

https://www.mayoclinic.org/diseases-conditions/asbestosis/symptoms-causes/syc-20354637#:~:text=The%20asbestos%20fibers%20irritate%20and,t%20contract%20and%20expand%20normally. (https://www.mayoclinic.org/diseases-conditions/asbestosis/symptoms-causes/syc-20354637#:~:text=The%20asbestos%20fibers%20irritate%20and,t%20contract%20and%20expand%20normally)