CAN A LANDLORD BE SUED FOR ASBESTOS EXPOSURE & NEGLIGENCE?
Alexandra Ventress
October 11th, 2023
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Do I need to report asbestos exposure?
Can I sue my landlord for asbestos exposure?
Who is responsible for asbestos in a rented property?
Do landlords have a duty of care to their tenants?
Can I sue a landlord for negligence?
Can I claim compensation for asbestos?/a>
Start your property portfolio today!
As a landlord, you have an expected duty of care towards your tenants. But what happens if the correct precautions are not taken, the worst happens, and you expose your tenants to asbestos fibres?
If you are wondering ‘can i sue my landlord for asbestos exposure’ then read on, as we cover the rules and regulations surrounding asbestos, a landlord’s duty of care, and if you can claim compensation for asbestos exposure.
If you suspect that you have been exposed to asbestos in your rental home, it is important that you report it to your landlord. It is incredibly dangerous and when disturbed asbestos fibres can be easily breathed in and have deadly effects on the health of anyone who enters the property.
Your landlord should already be aware and have had a survey done. If the survey reveals that asbestos is in good condition, then your landlord has no legal obligation to act. It should be regularly monitored to ensure that it is not disturbed.
If it is in a location in the property where it is damaged or likely to be disturbed, then your landlord must take action and have it removed as soon as possible to avoid further health risks.
If you are a landlord, then you should alert your tenants to the presence of asbestos before they move in. This is so they are aware it is in the property and can help to monitor it and alert you of any changes.
What are the health risks of asbestos?
Whilst it can take decades before symptoms from exposure begin to asbestos manifest, the outcome is often fatal.
This means if a tenant has been exposed to asbestos, then they may develop a number of diseases, including:
- Mesothelioma (an aggressive and deadly type of cancer that affects the lining of certain organs in the body)
- Lung cancer
- Asbestosis
- Pleural thickening
Where can asbestos be found in the home?
Asbestos can be found in rental properties in many forms. Below are some of the common household and building parts that may contain asbestos:
- Ceiling tiles
- Pipe lagging
- Floor tiles
- Window panels
- Gutters and soffits
- Roofs
- Partition walls
- Boilers and other heating products
- Textured coating
- Loose-fill insulation
- Water tanks
- Some toilet seats and cisterns
It is worth bearing in mind that this will not be present in every home and is mostly a risk in properties built between 1940 and 1990.
As a rule of thumb, the more asbestos a product contains, the more of a risk it is. An example of this would be loose-fill insulation which contains 85% asbestos. It is easy to disturb and breathe in. On the other hand asbestos cement is only 15% and is only dangerous if it is damaged.
You absolutely can. If you live in a tenanted property and have been exposed to asbestos, then your landlord is liable and you will be able to sue. However, exactly what aspect you will be able to sue for can be difficult to work out, as exactly what areas of a property are classed as the control and legal responsibility of a landlord and which are not can be hard to navigate.
The presence of asbestos within the property may not be enough for a tenant to sue their landlord for asbestos exposure, but a landlord can still face an asbestos lawsuit if they fail to disclose the existence of the asbestos and the tenant suffers from asbestos exposure as a result.
As a landlord, you may find yourself liable for an asbestos lawsuit if you have not monitored, labelled, repaired, or removed asbestos within your rental property. It is your job to keep your tenants safe so you should always manage any asbestos within your property and alert tenants to its presence in order to help keep them as safe as possible.
What can tenants do when exposed to asbestos?
As a landlord, you should have already completed surveys if your property was built before 2000. If you are a tenant, you should alert your landlord if you find evidence of asbestos after starting your tenancy. You will need to do this as soon as possible in order to ensure that the correct steps can be taken quickly.
Should your tenant discover asbestos, you will need to keep clear and detailed records of the finding as well as removal or repair. You will need to have risk assessments and plans drawn up in order to manage it in the future.
As a landlord, you are responsible for the presence of asbestos in a rented property. It will be up to you to ensure that if it is present in your property, that the proper precautions are taken, and that it is managed in a safe and responsible manner.
You will also find that there are several laws that govern your duty to manage asbestos:
This act states that landlords must maintain the structure and exterior of a property. This means that your tenants are able to take legal action against you if the structure contains asbestos and it is a hazard that is not well maintained.
This is a law that only applies if you are a landlord of commercial properties or common areas of shared domestic buildings, like HMOs. It does not apply if you own individual private residences.
Through this act, whoever is responsible for the tenancy is legally required to minimise their tenant’s asbestos exposure. This means they need to:
- Identify where it is present
- Determine the risk
- Write a plan that highlights the risks present and how they plan to manage it
Through this act, tenants are able to report asbestos to their local authority. Should an environmental health inspector agree that it is present and harmful, then they can issue an order forcing you to deal with it.
If you fail to comply with this order, then you can find yourself being criminally prosecuted. The local authority will then carry out the work and you will foot the bill.
This act is only applicable if you have built your rental property yourself. If this is the case, then you will need to ensure that there are no major defects, of which asbestos is listed. If your tenant is then affected by it, they will be able to sue.
The court will be able to order you to deal with the problem. This act can also be used by tenants who have bought their property from a landlord.
This act states that landlords must keep their properties fit for human habitation. Asbestos is listed in this act as a quality that makes a home uninhabitable.
The Housing Act 2004 requires that you as a landlord use the Housing Health and Safety Rating System (HHSRS) to evaluate threats in your properties.
Under this system, asbestos is considered a threat, so if it is discovered on the premises, then the level of threat will need to be determined.
If appropriate action is not taken, then local authorities will be able to use their power to force you to deal with the risk.
As a landlord, you have a duty of care towards your tenants. Your duty of care means that you uphold your responsibilities and maintain a safe property. This means you must:
- Make sure your rental property is safe and free from health hazards
- Provide an Electrical Performance Certificate for any rental properties you own
- Ensure your tenant has a right to rent if you are in England
- Ensure that any gas and electrical equipment is safely installed and properly maintained
- Use a government-approved scheme to protect your tenant’s deposit
- Ensure your tenant has been given a copy of the How To Rent checklist when they move in, this can be found on the Gov.uk website
- Fit and regularly test both fire alarms and carbon monoxide alarms
- Follow any fire safety regulations for the property
Health and Safety Inspections
Furthermore, there is the Housing Health and Safety Rating System (HHSRS) which is used by local councils to ensure that properties in the area are safe for inhabitants. As a landlord, the council may decide to perform an HHSRS inspection because either your tenants have requested it or the council has performed surveys of local properties and believes your property could be hazardous.
The council will be looking out for the following 29 hazards:
- Damp and mould growth
- Excess cold
- Excess heat
- Asbestos and MMF
- Presence of biocides
- Carbon monoxide & fuel combustion products
- Presence of lead
- Presence of radiation
- Un-combustion fuel gas
- Volatile organic compounds
- Crowding and space
- Entry by intruders
- Inadequate natural lighting
- Excessive exposure to noise
- Domestic hygiene
- Pests and refuse
- Food safety
- Drainage problems
- Water supply
- Falls associated with baths
- Falls on level surfaces
- Falls associated with stairs and ramps
- Falls between levels
- Electrical hazards
- Uncontrolled fire, flames, hot surfaces and materials
- Collision and entrapment
- Explosions
- Poor ergonomics
- Structural collapse and falling elements
From here, the risks are then categorised into two groups, Risk Category 1 or Risk Category 2:
Risk Category 1:
This is a hazard where the most serious harm outcome is identified and must be repaired and removed immediately. Serious harm is classified as death, permanent paralysis, loss of limb etc.
Risk Category 2:
A hazard that needs rectifying, but it is without the urgency of Risk Category 1.
If the council finds a serious hazard at your rental property, they can either issue an improvement notice, fix the hazard themselves but you will pay the bill, or stop you and your tenants from using part or all of the property.
Yes, you can. If you are a renter whose landlord has failed to uphold their duty of care and has acted negligently, then you will be able to sue.
If as a landlord you have been found to have acted negligently and as a result are now liable for a personal injury suffered by a tenant, then they may be able to pursue compensation and may end up sued for negligence.
In order for you as the landlord to be sued for negligence, you must be proven to have acted so. Negligence is a legal concept and it holds individuals accountable for harm they may have caused. If you are found guilty, it means your renters have been able to prove you did not uphold your duty of care towards them or others which has resulted in injury.
Examples of negligence can include:
- The landlord has reasonable knowledge of the existence of asbestos but denied it when tenants moved in
- The landlord knows of the existence of asbestos but doesn’t inform the tenants
- The landlord removed the asbestos but failed to do so properly and exposed tenants to fibres whilst doing so
Is it my landlord’s duty to make repairs?
As a landlord, it is your duty to carry out important repairs in your rental property and to make sure that the rental home is fit to live in. Any damage that is caused by you or your tenants is your responsibility but it is worth noting that normal day-to-day wear and tear does not count as damage.
Any wear and tear damage should be fixed by you as the landlord.
If you are a tenant, it is your duty to report any repairs to your landlord as soon as you can.
How to take my landlord to court?
If you are a landlord who is not fixing repairs in a reasonable time once they have been reported to you, you may find yourself in a precarious position. As a landlord, you have a duty of care towards your tenants. If you do not provide a habitable property for them, they may take you to court.
If your landlord repeatedly ignores your reports of issues, then there are steps you can take. As a tenant, you should keep evidence and records of any repairs that need doing. This will help you in the event that you need to take further action.
Proof can include:
- Photos of the problem
- Any form of communication between you and your landlord (email, texts, letters)
- Doctors note if you have been affected
You should then write to your landlord, informing them that this is their last chance to make repairs before you take them to court. You can do this in either a formal letter or email. If you have a letting agent, you should go through them as well. This will show that you tried to solve the issue with your landlord first.
In your letter, you should include details of the repairs you want to make, such as what needs repairing, when you first reported the problem, if you have had to report it more than once, and any problems you have experienced since it was not done. You should give your landlord 20 days to sort the issue or make a reasonable arrangement to do so. Explain if they do not you will start court action.
If you are a landlord who receives this letter, it is in your best interest to make the necessary repairs to avoid going to court and paying legal fees and compensation fees. It is best to tackle problems when they first crop up rather than letting them get to a stage where court intervention is necessary.
You should keep a copy of the letter you send as well as any response you get from your landlord. If no agreement has been reached within 20 working days then it is time to proceed with court.
Can you sue your landlord for not fixing things?
As a tenant, you can sue your landlord and take them to court if they will not deal with repairs to your property. This however should be considered as a last resort.
If your tenant takes you to court, the court can order you to:
- Pay your tenant compensation
- Carry out the necessary repair work
It is always best to fix repairs as you are alerted to them to avoid being taken to court by your renters.
If you are a tenant who has been exposed to asbestos and gone on to develop and become diagnosed with an asbestos-related illness, then you may be entitled to compensation. This is because anyone who has been exposed to asbestos at some point in their life is at a higher risk of developing an asbestos-related illness than someone who has not.
In order for your tenant to be able to claim compensation, they will need to be able to say how they were exposed to asbestos. If it is proven to be from your rental property, then you may find yourself in court.
The Homes (Fitness for Human Habitation) Act 2018 will allow tenants to take their landlords to court if the property is not fit for human habitation. This applies from 20th March 2019 for new tenancies and from 20th March 2020 for existing tenancies.
Is there a time limit on claims?
According to legislation, there is a 3-year statutory limit for personal injury claims. This is typically three years from the initial diagnosis.
If you are claiming for a relative who has since passed due to an asbestos-related disease before the expiration of the three years, then you will have three years from the date your relative passed away to make a claim. As a result of the serious nature of the disease, there is some flexibility with the claims, so it can be worth getting in touch with a legal firm, even if the diagnosis was a few years ago.
A human life is a precious and delicate thing that is impossible to put a price on. However, in cases of asbestos exposure, the court will provide compensation based on personal injury, pain and suffering caused, as well as for financial losses and expenses. The court will be able to provide compensation under a variety of bases however they are not all applicable under every case.
The average settlement in the UK for asbestos exposure can be anywhere from £10,000 to £1,000,000. Exactly how much you will receive from the court will depend upon exactly how much of an impact the exposure to asbestos has had on your life.
For the following conditions, you can expect the average following settlements:
- Mesothelioma – £63,650 – £114,460
- Lung cancer – £70,000 – £95,000
- Serious asbestosis and pleural thickening – £35,000 to £100,000
- Less serious asbestosis and pleural thickening – £15,000 to £35,000
How long does it take to make a claim?
If you are claiming for a disease related to asbestos exposure, then you can expect to wait 12 months or less to complete. However, this is not always the case and can take up to 18 months on occasion with complex cases being known to take up to three years due to a need for greater evidence.
If you suspect you have asbestos in your rental property, then it is critical that you take the appropriate measures to protect both your tenants and yourself. Asbestos on the property is a serious matter and can gravely affect the health of all involved. For this reason, you should be actively taking precautions to help protect your tenants:
The first step you will need to take is to find out if asbestos is present in your building. If your property was built before 2000 then it is safe to assume that it is present. You can check tradespeople reports to see if there has been any mention of it, or you can also perform a visual check for any potential asbestos either in or outside of the property. You should then record your findings.
Your next step will be to see how much asbestos is present in your rental property and what condition it is in. The following signs are cause for concern:
- It is detached from a base
- Seals are breaking off or peeling
- Protective coverings have been damaged or are missing
- Dust from damage
- Surfaces are frayed. damaged, or scratched
You should now hire a professional to conduct an asbestos survey. Depending on what you are planning on doing with your property, the survey you have done will differ from property to property.
From here, details about what the survey found should be recorded and should include:
- Where is it located
- What type is present
- What condition is it in
You should then write down your plan, and make sure that it is accessible to both you, your tenants, tradespeople, and any other relevant parties.
You should have copies of your plan readily available to give to any new or current tenants, as well as any tradesperson who conducts work at your rental property.
Any products, materials or appliances that contain asbestos should be clearly labelled so that everyone knows what is present.
If the asbestos is a hazard or likely to break or become loose during the day-to-day life of a tenant, then you will need to have it professionally removed.
In order to keep on top of your asbestos issue, you should reinspect any areas where it is present once a year, as well as reviewing your action plan annually in order to update it and make any necessary changes to it.
Navigation
Do I need to report asbestos exposure?
Can I sue my landlord for asbestos exposure?
Who is responsible for asbestos in a rented property?
Do landlords have a duty of care to their tenants?
Can I sue a landlord for negligence?
Can I claim compensation for asbestos?/a>
Start your property portfolio today!
As a landlord, you have an expected duty of care towards your tenants. But what happens if the correct precautions are not taken, the worst happens, and you expose your tenants to asbestos fibres?
If you are wondering ‘can i sue my landlord for asbestos exposure’ then read on, as we cover the rules and regulations surrounding asbestos, a landlord’s duty of care, and if you can claim compensation for asbestos exposure.
If you suspect that you have been exposed to asbestos in your rental home, it is important that you report it to your landlord. It is incredibly dangerous and when disturbed asbestos fibres can be easily breathed in and have deadly effects on the health of anyone who enters the property.
Your landlord should already be aware and have had a survey done. If the survey reveals that asbestos is in good condition, then your landlord has no legal obligation to act. It should be regularly monitored to ensure that it is not disturbed.
If it is in a location in the property where it is damaged or likely to be disturbed, then your landlord must take action and have it removed as soon as possible to avoid further health risks.
If you are a landlord, then you should alert your tenants to the presence of asbestos before they move in. This is so they are aware it is in the property and can help to monitor it and alert you of any changes.
What are the health risks of asbestos?
Whilst it can take decades before symptoms from exposure begin to asbestos manifest, the outcome is often fatal.
This means if a tenant has been exposed to asbestos, then they may develop a number of diseases, including:
- Mesothelioma (an aggressive and deadly type of cancer that affects the lining of certain organs in the body)
- Lung cancer
- Asbestosis
- Pleural thickening
Where can asbestos be found in the home?
Asbestos can be found in rental properties in many forms. Below are some of the common household and building parts that may contain asbestos:
- Ceiling tiles
- Pipe lagging
- Floor tiles
- Window panels
- Gutters and soffits
- Roofs
- Partition walls
- Boilers and other heating products
- Textured coating
- Loose-fill insulation
- Water tanks
- Some toilet seats and cisterns
It is worth bearing in mind that this will not be present in every home and is mostly a risk in properties built between 1940 and 1990.
As a rule of thumb, the more asbestos a product contains, the more of a risk it is. An example of this would be loose-fill insulation which contains 85% asbestos. It is easy to disturb and breathe in. On the other hand asbestos cement is only 15% and is only dangerous if it is damaged.
You absolutely can. If you live in a tenanted property and have been exposed to asbestos, then your landlord is liable and you will be able to sue. However, exactly what aspect you will be able to sue for can be difficult to work out, as exactly what areas of a property are classed as the control and legal responsibility of a landlord and which are not can be hard to navigate.
The presence of asbestos within the property may not be enough for a tenant to sue their landlord for asbestos exposure, but a landlord can still face an asbestos lawsuit if they fail to disclose the existence of the asbestos and the tenant suffers from asbestos exposure as a result.
As a landlord, you may find yourself liable for an asbestos lawsuit if you have not monitored, labelled, repaired, or removed asbestos within your rental property. It is your job to keep your tenants safe so you should always manage any asbestos within your property and alert tenants to its presence in order to help keep them as safe as possible.
What can tenants do when exposed to asbestos?
As a landlord, you should have already completed surveys if your property was built before 2000. If you are a tenant, you should alert your landlord if you find evidence of asbestos after starting your tenancy. You will need to do this as soon as possible in order to ensure that the correct steps can be taken quickly.
Should your tenant discover asbestos, you will need to keep clear and detailed records of the finding as well as removal or repair. You will need to have risk assessments and plans drawn up in order to manage it in the future.
As a landlord, you are responsible for the presence of asbestos in a rented property. It will be up to you to ensure that if it is present in your property, that the proper precautions are taken, and that it is managed in a safe and responsible manner.
You will also find that there are several laws that govern your duty to manage asbestos:
This act states that landlords must maintain the structure and exterior of a property. This means that your tenants are able to take legal action against you if the structure contains asbestos and it is a hazard that is not well maintained.
This is a law that only applies if you are a landlord of commercial properties or common areas of shared domestic buildings, like HMOs. It does not apply if you own individual private residences.
Through this act, whoever is responsible for the tenancy is legally required to minimise their tenant’s asbestos exposure. This means they need to:
- Identify where it is present
- Determine the risk
- Write a plan that highlights the risks present and how they plan to manage it
Through this act, tenants are able to report asbestos to their local authority. Should an environmental health inspector agree that it is present and harmful, then they can issue an order forcing you to deal with it.
If you fail to comply with this order, then you can find yourself being criminally prosecuted. The local authority will then carry out the work and you will foot the bill.
This act is only applicable if you have built your rental property yourself. If this is the case, then you will need to ensure that there are no major defects, of which asbestos is listed. If your tenant is then affected by it, they will be able to sue.
The court will be able to order you to deal with the problem. This act can also be used by tenants who have bought their property from a landlord.
This act states that landlords must keep their properties fit for human habitation. Asbestos is listed in this act as a quality that makes a home uninhabitable.
The Housing Act 2004 requires that you as a landlord use the Housing Health and Safety Rating System (HHSRS) to evaluate threats in your properties.
Under this system, asbestos is considered a threat, so if it is discovered on the premises, then the level of threat will need to be determined.
If appropriate action is not taken, then local authorities will be able to use their power to force you to deal with the risk.
As a landlord, you have a duty of care towards your tenants. Your duty of care means that you uphold your responsibilities and maintain a safe property. This means you must:
- Make sure your rental property is safe and free from health hazards
- Provide an Electrical Performance Certificate for any rental properties you own
- Ensure your tenant has a right to rent if you are in England
- Ensure that any gas and electrical equipment is safely installed and properly maintained
- Use a government-approved scheme to protect your tenant’s deposit
- Ensure your tenant has been given a copy of the How To Rent checklist when they move in, this can be found on the Gov.uk website
- Fit and regularly test both fire alarms and carbon monoxide alarms
- Follow any fire safety regulations for the property
Health and Safety Inspections
Furthermore, there is the Housing Health and Safety Rating System (HHSRS) which is used by local councils to ensure that properties in the area are safe for inhabitants. As a landlord, the council may decide to perform an HHSRS inspection because either your tenants have requested it or the council has performed surveys of local properties and believes your property could be hazardous.
The council will be looking out for the following 29 hazards:
- Damp and mould growth
- Excess cold
- Excess heat
- Asbestos and MMF
- Presence of biocides
- Carbon monoxide & fuel combustion products
- Presence of lead
- Presence of radiation
- Un-combustion fuel gas
- Volatile organic compounds
- Crowding and space
- Entry by intruders
- Inadequate natural lighting
- Excessive exposure to noise
- Domestic hygiene
- Pests and refuse
- Food safety
- Drainage problems
- Water supply
- Falls associated with baths
- Falls on level surfaces
- Falls associated with stairs and ramps
- Falls between levels
- Electrical hazards
- Uncontrolled fire, flames, hot surfaces and materials
- Collision and entrapment
- Explosions
- Poor ergonomics
- Structural collapse and falling elements
From here, the risks are then categorised into two groups, Risk Category 1 or Risk Category 2:
Risk Category 1:
This is a hazard where the most serious harm outcome is identified and must be repaired and removed immediately. Serious harm is classified as death, permanent paralysis, loss of limb etc.
Risk Category 2:
A hazard that needs rectifying, but it is without the urgency of Risk Category 1.
If the council finds a serious hazard at your rental property, they can either issue an improvement notice, fix the hazard themselves but you will pay the bill, or stop you and your tenants from using part or all of the property.
Yes, you can. If you are a renter whose landlord has failed to uphold their duty of care and has acted negligently, then you will be able to sue.
If as a landlord you have been found to have acted negligently and as a result are now liable for a personal injury suffered by a tenant, then they may be able to pursue compensation and may end up sued for negligence.
In order for you as the landlord to be sued for negligence, you must be proven to have acted so. Negligence is a legal concept and it holds individuals accountable for harm they may have caused. If you are found guilty, it means your renters have been able to prove you did not uphold your duty of care towards them or others which has resulted in injury.
Examples of negligence can include:
- The landlord has reasonable knowledge of the existence of asbestos but denied it when tenants moved in
- The landlord knows of the existence of asbestos but doesn’t inform the tenants
- The landlord removed the asbestos but failed to do so properly and exposed tenants to fibres whilst doing so
Is it my landlord’s duty to make repairs?
As a landlord, it is your duty to carry out important repairs in your rental property and to make sure that the rental home is fit to live in. Any damage that is caused by you or your tenants is your responsibility but it is worth noting that normal day-to-day wear and tear does not count as damage.
Any wear and tear damage should be fixed by you as the landlord.
If you are a tenant, it is your duty to report any repairs to your landlord as soon as you can.
How to take my landlord to court?
If you are a landlord who is not fixing repairs in a reasonable time once they have been reported to you, you may find yourself in a precarious position. As a landlord, you have a duty of care towards your tenants. If you do not provide a habitable property for them, they may take you to court.
If your landlord repeatedly ignores your reports of issues, then there are steps you can take. As a tenant, you should keep evidence and records of any repairs that need doing. This will help you in the event that you need to take further action.
Proof can include:
- Photos of the problem
- Any form of communication between you and your landlord (email, texts, letters)
- Doctors note if you have been affected
You should then write to your landlord, informing them that this is their last chance to make repairs before you take them to court. You can do this in either a formal letter or email. If you have a letting agent, you should go through them as well. This will show that you tried to solve the issue with your landlord first.
In your letter, you should include details of the repairs you want to make, such as what needs repairing, when you first reported the problem, if you have had to report it more than once, and any problems you have experienced since it was not done. You should give your landlord 20 days to sort the issue or make a reasonable arrangement to do so. Explain if they do not you will start court action.
If you are a landlord who receives this letter, it is in your best interest to make the necessary repairs to avoid going to court and paying legal fees and compensation fees. It is best to tackle problems when they first crop up rather than letting them get to a stage where court intervention is necessary.
You should keep a copy of the letter you send as well as any response you get from your landlord. If no agreement has been reached within 20 working days then it is time to proceed with court.
Can you sue your landlord for not fixing things?
As a tenant, you can sue your landlord and take them to court if they will not deal with repairs to your property. This however should be considered as a last resort.
If your tenant takes you to court, the court can order you to:
- Pay your tenant compensation
- Carry out the necessary repair work
It is always best to fix repairs as you are alerted to them to avoid being taken to court by your renters.
If you are a tenant who has been exposed to asbestos and gone on to develop and become diagnosed with an asbestos-related illness, then you may be entitled to compensation. This is because anyone who has been exposed to asbestos at some point in their life is at a higher risk of developing an asbestos-related illness than someone who has not.
In order for your tenant to be able to claim compensation, they will need to be able to say how they were exposed to asbestos. If it is proven to be from your rental property, then you may find yourself in court.
The Homes (Fitness for Human Habitation) Act 2018 will allow tenants to take their landlords to court if the property is not fit for human habitation. This applies from 20th March 2019 for new tenancies and from 20th March 2020 for existing tenancies.
Is there a time limit on claims?
According to legislation, there is a 3-year statutory limit for personal injury claims. This is typically three years from the initial diagnosis.
If you are claiming for a relative who has since passed due to an asbestos-related disease before the expiration of the three years, then you will have three years from the date your relative passed away to make a claim. As a result of the serious nature of the disease, there is some flexibility with the claims, so it can be worth getting in touch with a legal firm, even if the diagnosis was a few years ago.
A human life is a precious and delicate thing that is impossible to put a price on. However, in cases of asbestos exposure, the court will provide compensation based on personal injury, pain and suffering caused, as well as for financial losses and expenses. The court will be able to provide compensation under a variety of bases however they are not all applicable under every case.
The average settlement in the UK for asbestos exposure can be anywhere from £10,000 to £1,000,000. Exactly how much you will receive from the court will depend upon exactly how much of an impact the exposure to asbestos has had on your life.
For the following conditions, you can expect the average following settlements:
- Mesothelioma – £63,650 – £114,460
- Lung cancer – £70,000 – £95,000
- Serious asbestosis and pleural thickening – £35,000 to £100,000
- Less serious asbestosis and pleural thickening – £15,000 to £35,000
How long does it take to make a claim?
If you are claiming for a disease related to asbestos exposure, then you can expect to wait 12 months or less to complete. However, this is not always the case and can take up to 18 months on occasion with complex cases being known to take up to three years due to a need for greater evidence.
If you suspect you have asbestos in your rental property, then it is critical that you take the appropriate measures to protect both your tenants and yourself. Asbestos on the property is a serious matter and can gravely affect the health of all involved. For this reason, you should be actively taking precautions to help protect your tenants:
The first step you will need to take is to find out if asbestos is present in your building. If your property was built before 2000 then it is safe to assume that it is present. You can check tradespeople reports to see if there has been any mention of it, or you can also perform a visual check for any potential asbestos either in or outside of the property. You should then record your findings.
Your next step will be to see how much asbestos is present in your rental property and what condition it is in. The following signs are cause for concern:
- It is detached from a base
- Seals are breaking off or peeling
- Protective coverings have been damaged or are missing
- Dust from damage
- Surfaces are frayed. damaged, or scratched
You should now hire a professional to conduct an asbestos survey. Depending on what you are planning on doing with your property, the survey you have done will differ from property to property.
From here, details about what the survey found should be recorded and should include:
- Where is it located
- What type is present
- What condition is it in
You should then write down your plan, and make sure that it is accessible to both you, your tenants, tradespeople, and any other relevant parties.
You should have copies of your plan readily available to give to any new or current tenants, as well as any tradesperson who conducts work at your rental property.
Any products, materials or appliances that contain asbestos should be clearly labelled so that everyone knows what is present.
If the asbestos is a hazard or likely to break or become loose during the day-to-day life of a tenant, then you will need to have it professionally removed.
In order to keep on top of your asbestos issue, you should reinspect any areas where it is present once a year, as well as reviewing your action plan annually in order to update it and make any necessary changes to it.
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.
