Alexandra Ventress
September 18th 2023
Share this post
Start your property portfolio today!
If you are a landlord who invests in older properties, then chances are asbestos will have been an issue you may have had to deal with. More often than not, it is undisturbed and poses no issue to health, but if it’s something you have not come across, you are likely to have your concerns.
So what do you do if you suspect you have asbestos in a rental property? What is the course of action? And what are you legally required to do?
In this blog post, we will be looking at what asbestos is, where it is found, and what to do if you suspect that there is asbestos in your property.
Asbestos is a term that is used to describe six different minerals that are all naturally occurring and have fairly similar properties. These minerals are able to be processed into a fibrous texture. This texture was commonly mixed in with building materials such as cement to make them stronger and resistant to fire and electricity.
Asbestos when it remains undisturbed poses no risk to human health, however, once it becomes disturbed and the fibres are loose and get breathed in, serious problems start. If inhaled they cause serious lung diseases and terminal cancer. Symptoms are not present immediately and can remain undetected for years and even decades.
Who is most at risk for asbestos?
Due to the heavy presence of asbestos in building materials throughout the 1960s-1980s, asbestos is present in a lot of properties built at this time. Also in part to its heavy use, there are very low levels of asbestos in the air everywhere. However, the low levels in the air are not enough to pose a risk to the public.
The majority of people who have historically been affected by asbestos are people in the following businesses:
- Mining companies
- Maritime companies
- Asbestos product manufacturing (roofing, insulation, building materials)
- Railroads
- Shipbuilders
- Tile insulation
- Powerplants
- Construction companies
Today, people are more likely to suffer from asbestos exposure when they are involved in the renovation, removal, maintenance or repair of asbestos-related products. If you disturb asbestos in your home, then you will also be at risk from asbestos-related health issues.
If you have a residential property and are concerned about the presence of asbestos, you will most likely have one of the following types:
Crocidolite: This type of asbestos is also referred to as blue asbestos and is often found in insulating boards, ceiling tiles and thermal insulation products.
Amosite: Also known as brown asbestos, Amosite is most often found in materials to reduce condensation or provide acoustic insulation against sound.
Chrysotile: The third and final type of asbestos most commonly found around residential properties is Chrysotile. Also referred to as white asbestos, it is found in roof coatings and cement-based sheet materials. It is also the most common type of asbestos found in homes.
Asbestos can be found in many areas of the home due to its extensive use in both domestic rental properties and residential properties. You may find it in the following areas of your rental property:
- Water tanks
- Lagging around pipes
- Roofing felt
- Loose fill insulation
- Guttering
- Textured walls and ceilings
- Decorative paints and plasters
- Ceiling tiles
- Soffits
- Asbestos insulation boards (AIB) – This includes bath panels, airing cupboards and partition walls
If you wish to find out if asbestos is present in the structure and exterior of your home, then you should contact a licensed Asbestos management company to carry out a thorough investigation. Asbestos can pose a serious risk to your tenant’s health, so if you suspect it is present, it is best to get it checked.
If your property was constructed after 1982, then it is unlikely that your property will be contaminated. Building materials containing asbestos were used widely from 1930 until around 1980, but especially from 1960 onwards.
If you are worried about the presence of asbestos in your property, you should call a professional. They will be able to run the correct tests in order to determine whether there is asbestos present in your property as well as the condition and type that you have. From here, they will be able to help you to draw up a plan of action in order to keep the asbestos monitored and under control.
How can I spot it?
There are a few ways that you can try and check if your property may be at risk from asbestos:
- Homes that were built at the same time and in a similar area to yours may contain similar materials. It can be a good idea to ask neighbours if surveys for asbestos have been done.
- Your local council’s Environmental Health Department may be able to identify asbestos products within your property, as well as alert you to surveys that have been done in your area
- Whoever supplied or manufactured your product may be able to tell you if there are traces
- British manufacturers started putting labels on their products since 1976 and European manufacturers since 1986 to alert if their products contain asbestos.
As a landlord, you have a legal responsibility to look out for the welfare of your tenant by minimising the risk of exposure to asbestos. This is outlined under the Control of Asbestos Regulations 2012. These particular regulations are applied to ‘non-domestic premises’, but they are also applicable to rental properties where there are communal areas such as bike sheds, garages, staircases and others. To find out who the ‘dutyholder’ is and exactly what their responsibilities entail you can check Section 4 of the legislation.
If you are a landlord who owns a house that has been turned into a block of flats, then you will more than likely be covered by the scope of the legislation if there are communal areas in the property. Whilst the individual flats would not be covered by law, there is a clear moral duty of care.
As a landlord, you may not be contractually obliged to look for and manage asbestos in your rental property. However, this does not mean that you can’t still be held accountable for any injury caused to tenants as a result of the presence of asbestos. You could find yourself being challenged under the Defective Premises Act 1972.
According to the Landlord and Tenant Act 1985, a landlord is obliged to maintain the structure and exterior of a property. A shared party wall in a terraced or semi-detached property is included in this. Should the roof or other part of the building contain asbestos and it is not maintained, a tenant can sue you.
Under The Housing Act 2004, local authorities can take action against landlords. As asbestos is classed as a hazard under the Housing Health and Safety Rating System (HHSRS), a prescribed course of action can be set should it be found on a property.
Landlords must take appropriate action, or else local authorities will be able to serve an Improvement Notice, hazard Awareness Notice and even a Demolition Order in severe cases.
Asbestos checklist
According to the Health and Safety Executive (HSE), this is the protocol landlords should follow the following protocol when dealing with asbestos:
- The first step is to verify that asbestos is present in your property. As a good rule of thumb, you should assume that any unknown material is asbestos until you have been proven otherwise
- You should next reach out to a licensed professional who can carry out an asbestos survey and take samples if it is appropriate
- Then they will be able to assess what condition the asbestos is in
- You should next make a written record of the asbestos location as well as the condition that it is in. If it is in good condition, then it may be best left where it is, but if it is damaged or exposed, then action will need to be taken.
- You will then need to have a risk assessment completed looking at the current condition of the asbestos as well as how likely it is that the asbestos will have been disturbed or damaged
- Create a plan of action with a licensed professional
- Take action (asbestos removal) where appropriate
- Be sure to then keep your plan up to date
Will I need to rehouse my tenant if there is asbestos in my rental properties?
Whether or not you are required to rehouse your tenant whilst asbestos repair work is taking place will depend upon the work that is taking place. If you are having minor repairs done to your property, where rather than removing the asbestos you are simply repairing it, then the tenant will not necessarily need to be moved. This is because the material is not being disturbed so no dust should be created, eliminating the risk of it being breathed in.
However, if you are having asbestos removed from your property, then you will need to rehouse your tenant temporarily. This is because the removal process involves disturbing the asbestos and putting your tenant at serious risk. As a landlord, you are under no legal obligation to rehouse them yourself, but if they have nowhere else to go then you may have to get involved. If you refuse to help your tenant when the issue is out of their hands will cause problems later down the line as well as a lack of faith.
Alexandra Ventress
September 18th 2023
Share this post
Start your property portfolio today!
If you are a landlord who invests in older properties, then chances are asbestos will have been an issue you may have had to deal with. More often than not, it is undisturbed and poses no issue to health, but if it’s something you have not come across, you are likely to have your concerns.
So what do you do if you suspect you have asbestos in a rental property? What is the course of action? And what are you legally required to do?
In this blog post, we will be looking at what asbestos is, where it is found, and what to do if you suspect that there is asbestos in your property.
Asbestos is a term that is used to describe six different minerals that are all naturally occurring and have fairly similar properties. These minerals are able to be processed into a fibrous texture. This texture was commonly mixed in with building materials such as cement to make them stronger and resistant to fire and electricity.
Asbestos when it remains undisturbed poses no risk to human health, however, once it becomes disturbed and the fibres are loose and get breathed in, serious problems start. If inhaled they cause serious lung diseases and terminal cancer. Symptoms are not present immediately and can remain undetected for years and even decades.
Who is most at risk for asbestos?
Due to the heavy presence of asbestos in building materials throughout the 1960s-1980s, asbestos is present in a lot of properties built at this time. Also in part to its heavy use, there are very low levels of asbestos in the air everywhere. However, the low levels in the air are not enough to pose a risk to the public.
The majority of people who have historically been affected by asbestos are people in the following businesses:
- Mining companies
- Maritime companies
- Asbestos product manufacturing (roofing, insulation, building materials)
- Railroads
- Shipbuilders
- Tile insulation
- Powerplants
- Construction companies
Today, people are more likely to suffer from asbestos exposure when they are involved in the renovation, removal, maintenance or repair of asbestos-related products. If you disturb asbestos in your home, then you will also be at risk from asbestos-related health issues.
If you have a residential property and are concerned about the presence of asbestos, you will most likely have one of the following types:
Crocidolite: This type of asbestos is also referred to as blue asbestos and is often found in insulating boards, ceiling tiles and thermal insulation products.
Amosite: Also known as brown asbestos, Amosite is most often found in materials to reduce condensation or provide acoustic insulation against sound.
Chrysotile: The third and final type of asbestos most commonly found around residential properties is Chrysotile. Also referred to as white asbestos, it is found in roof coatings and cement-based sheet materials. It is also the most common type of asbestos found in homes.
Asbestos can be found in many areas of the home due to its extensive use in both domestic rental properties and residential properties. You may find it in the following areas of your rental property:
- Water tanks
- Lagging around pipes
- Roofing felt
- Loose fill insulation
- Guttering
- Textured walls and ceilings
- Decorative paints and plasters
- Ceiling tiles
- Soffits
- Asbestos insulation boards (AIB) – This includes bath panels, airing cupboards and partition walls
If you wish to find out if asbestos is present in the structure and exterior of your home, then you should contact a licensed Asbestos management company to carry out a thorough investigation. Asbestos can pose a serious risk to your tenant’s health, so if you suspect it is present, it is best to get it checked.
If your property was constructed after 1982, then it is unlikely that your property will be contaminated. Building materials containing asbestos were used widely from 1930 until around 1980, but especially from 1960 onwards.
If you are worried about the presence of asbestos in your property, you should call a professional. They will be able to run the correct tests in order to determine whether there is asbestos present in your property as well as the condition and type that you have. From here, they will be able to help you to draw up a plan of action in order to keep the asbestos monitored and under control.
How can I spot it?
There are a few ways that you can try and check if your property may be at risk from asbestos:
- Homes that were built at the same time and in a similar area to yours may contain similar materials. It can be a good idea to ask neighbours if surveys for asbestos have been done.
- Your local council’s Environmental Health Department may be able to identify asbestos products within your property, as well as alert you to surveys that have been done in your area
- Whoever supplied or manufactured your product may be able to tell you if there are traces
- British manufacturers started putting labels on their products since 1976 and European manufacturers since 1986 to alert if their products contain asbestos.
As a landlord, you have a legal responsibility to look out for the welfare of your tenant by minimising the risk of exposure to asbestos. This is outlined under the Control of Asbestos Regulations 2012. These particular regulations are applied to ‘non-domestic premises’, but they are also applicable to rental properties where there are communal areas such as bike sheds, garages, staircases and others. To find out who the ‘dutyholder’ is and exactly what their responsibilities entail you can check Section 4 of the legislation.
If you are a landlord who owns a house that has been turned into a block of flats, then you will more than likely be covered by the scope of the legislation if there are communal areas in the property. Whilst the individual flats would not be covered by law, there is a clear moral duty of care.
As a landlord, you may not be contractually obliged to look for and manage asbestos in your rental property. However, this does not mean that you can’t still be held accountable for any injury caused to tenants as a result of the presence of asbestos. You could find yourself being challenged under the Defective Premises Act 1972.
According to the Landlord and Tenant Act 1985, a landlord is obliged to maintain the structure and exterior of a property. A shared party wall in a terraced or semi-detached property is included in this. Should the roof or other part of the building contain asbestos and it is not maintained, a tenant can sue you.
Under The Housing Act 2004, local authorities can take action against landlords. As asbestos is classed as a hazard under the Housing Health and Safety Rating System (HHSRS), a prescribed course of action can be set should it be found on a property.
Landlords must take appropriate action, or else local authorities will be able to serve an Improvement Notice, hazard Awareness Notice and even a Demolition Order in severe cases.
Asbestos checklist
According to the Health and Safety Executive (HSE), this is the protocol landlords should follow the following protocol when dealing with asbestos:
- The first step is to verify that asbestos is present in your property. As a good rule of thumb, you should assume that any unknown material is asbestos until you have been proven otherwise
- You should next reach out to a licensed professional who can carry out an asbestos survey and take samples if it is appropriate
- Then they will be able to assess what condition the asbestos is in
- You should next make a written record of the asbestos location as well as the condition that it is in. If it is in good condition, then it may be best left where it is, but if it is damaged or exposed, then action will need to be taken.
- You will then need to have a risk assessment completed looking at the current condition of the asbestos as well as how likely it is that the asbestos will have been disturbed or damaged
- Create a plan of action with a licensed professional
- Take action (asbestos removal) where appropriate
- Be sure to then keep your plan up to date
Will I need to rehouse my tenant if there is asbestos in my rental properties?
Whether or not you are required to rehouse your tenant whilst asbestos repair work is taking place will depend upon the work that is taking place. If you are having minor repairs done to your property, where rather than removing the asbestos you are simply repairing it, then the tenant will not necessarily need to be moved. This is because the material is not being disturbed so no dust should be created, eliminating the risk of it being breathed in.
However, if you are having asbestos removed from your property, then you will need to rehouse your tenant temporarily. This is because the removal process involves disturbing the asbestos and putting your tenant at serious risk. As a landlord, you are under no legal obligation to rehouse them yourself, but if they have nowhere else to go then you may have to get involved. If you refuse to help your tenant when the issue is out of their hands will cause problems later down the line as well as a lack of faith.
Large discounts on property
Completely transparent
Tailored investment opportunities
We’ll handle everything for you
Looking for hassle free property?
We’ve got you! Whatever your motivations as a landlord or property owner are, we can help source and match property with you.
When the foundations of your company are built upon industry knowledge and experience, you can’t help but be a self-confident company.
Here at The Property Sourcing Company, we are led by a roster of industry experts who have over 50 years of combined experience in doing BMV property deals, as well as packaging them up for investors.
Quality sits at the heart of our team, who go the extra mile to tailor our service to you. We pride ourselves in our ability to source you a wide variety of high-yield property investments.
Get in touch and we’ll establish what type of property you’re searching for, before talking you through our current investment opportunities. We’ll also keep you posted as we acquire new deals.
When you buy your investment property through us and we’ll take care of solicitors, surveys – everything – all to ensure you have a stress-free property purchase. It’s just one of the ways we make investment work for you.
Why invest with us?
Simply put, we’ll get you the best possible deal. Our sister company, The Property Buying Company, have been in the property buying industry for years & we have access to all their stock which is at a price point that is ready for investors to buy and make a great return on.
No middlemen, no stress & no hassle. We make investing in property and growing your portfolio as easy as it possibly can be.