What you need to know about asbestos and how to protect your tenants.
Asbestos was once a popular building material thanks to its strength, durability and resistance to heat and fire.
There are several different types of asbestos and legislation banned the blue and brown types in 1986 and the use of white asbestos was restricted and then 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. As a landlord, it's important to understand where asbestos might be found and how to manage it safely to protect your tenants.
Where asbestos might be found inside a property:
- Asbestos insulating board (AIB) - often found around boilers, in ceiling tiles, airing cupboard, sprayed insulation coating boiler, partition wall, behind fuse box or fireplaces.
- Cement bath panels - such as cement water tank or cement interior window panels that contain asbestos
- Toilet cistern
- Vinyl floor tiles - those backed with asbestos paper and bitumen adhesive
- Pipe lagging
- Textured decorative coating - for example, Artex applied to walls or ceilings
- Loose fill insulation - insulation sometimes found in lofts.
Where asbestos might be found outside a property:
- AIB
- Cement-based materials - cement soffits, exterior window panels, roof tiles/slates, cement panels or cement downpipes
- Roofing felt
- Profiled asbestos cement sheeting
- Gutters
How to check if your property contains asbestos
The only way to confirm whether a property contains asbestos is to have a professional survey carried out. Management surveys aren't usually required for individual domestic buildings, but may be needed in communal areas such as hallways and corridors in HMOs or blocks of flats.
Mortgage valuations are not designed to highlight asbestos, so you should never rely on them for this purpose.
An asbestos survey aims to:
- provide accurate information on the location, amount and condition of asbestos-containing materials (ACMs)
- assess any damage or deterioration of the ACMs and whether you need any remedial action
- provide information to product an asbestos register and an asbestos management plan for the premises
- identify hidden ACMs that must be removed before refurbishment or demolition work
There are two types of asbestos survey: a management survey and a refurbishment or demolition survey. Both usually require sampling, and any samples must be analysed by trained, competent and accredited analysts.
When and how is asbestos a problem?
Materials containing asbestos are generally safe if they're in good condition. However, if they're broken or damaged, they can release harmful fibres and dust into the air. You can find out more from the Health and Safety Executive (HSWE)
The effects of inhaling asbestos aren’t always noticeable at the time, but exposure can cause serious health issues later in life. Asbestosis is a condition that causes scarring of the lungs and is one of the potential risks, along with lung cancer.
Protecting your tenants
To help prevent your tenants from being exposed to asbestos, Regulation 4 of the Control of Asbestos Regulations 2012 outlines that landlords have certain responsibilities. For all the common areas the building includes, you are responsible for ensuring that no potentially harmful asbestos containing materials are found.
These common areas include:
- staircases and corridors
- roof spaces
- boiler or plant rooms
- outbuildings or communal garden structures
It's important to stay aware of and up to date* with your responsibilities to protect tenants from the risk of asbestos exposure.
Under the Landlord and Tenant act of 1985 a property must be fit for human habitation before it can be leased. This includes ensuring that any asbestos material in unsafe condition is dealt with before the property can be leased.
If a property is let without meeting these requirements, the landlord may face legal action.
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