Guide to landlord asbestos responsibilities

This guide is relevant to landlords who own blocks of flats, houses in multiple occupation (HMOs), or any property with communal areas.

If you let a single private dwelling, some of the formal legal duties outlined here may not apply in the same way, but you still have important responsibilities under housing law to keep your property safe.

Below, we take you through your key responsibilities for managing asbestos, including what to do if you find asbestos, and how to help keep your tenants and properties safe.

Asbestos is a fibrous material that was regularly used in buildings from the 1950s until the late 1990s. Back then, it was highly valued in construction, shipbuilding and manufacturing. This was because it was robust, cheap, and readily available. As a result, while it was completely banned in 1999, it can still be found in many buildings today, including domestic housing.

Asbestos was banned because it’s a highly toxic, carcinogenic material. If it’s disturbed, inhaling it can cause serious and even fatal diseases, such as mesothelioma and lung cancer. Around 5,000 people die in Great Britain each year from asbestos-related diseases.

Classed as a category 1 carcinogen, there are 3 main types of asbestos:

• Blue (Crocidolite): Banned in the UK in 1985
• Brown (Amosite): Banned in the UK in 1985
• White (Chrysotile): The most commonly used form; it was the last to be banned in November 1999

Your asbestos responsibilities depend on the type of property you let:

• If you own a block of flats, an HMO, or any building with communal areas, you have a formal legal duty under the Control of Asbestos Regulations 2012 to manage asbestos in those shared spaces.
• If you let a single private dwelling, this specific duty doesn’t apply in the same way, but you still have broader obligations under housing law to ensure your property is safe for tenants.

Under the Control of Asbestos Regulations 2012, employers and self-employed individuals must prevent exposure to asbestos fibres. Or, where that’s not reasonably practicable, reduce exposure to the lowest level reasonably possible.

These regulations apply to landlords who have responsibilities for non-domestic premises or the common parts of residential buildings.

In practice, this means landlords must manage asbestos risks in communal areas under their control, such as entrance halls, stairways, shared roof spaces, shared garages, boiler rooms and service risers.

The law requires landlords to take reasonable steps to determine whether asbestos is present in these areas, assess the risks, keep a written record of its location and condition, and implement a management plan to prevent exposure. Anyone likely to disturb asbestos (including tradespeople) must be informed before work begins.

Yes, there can be very serious financial and legal penalties if landlords fail to manage asbestos properly.

As a landlord, under the Control of Asbestos Regulations 2012, you’re required to identify, assess and manage asbestos risks.

Failure to do so can lead to:

• Substantial fines for breaching asbestos safety laws
• Legal action if a tenant(s) suffer health complications because of asbestos exposure
• Reputational damage, which may impact your ability to rent out properties in the future

An effective way to protect yourself is with specialist landlord insurance. Find out how Just Landlords can help by getting in touch or visiting our dedicated landlord insurance page.

Although the manufacture and use of asbestos products was banned in the UK in November 1999, many buildings still contain materials with asbestos.

Its use was particularly common during the 1950s and 1960s, so this is something to be especially mindful of if you rent out a property that was built or refurbished during this period.

In a rental property, asbestos can be found in almost any material.

Some of the most common locations include:

• Textured wall and ceiling coatings, such as Artex
• Floor tiles
• Asbestos insulating board in walls, ceilings and doors
• Fire blankets and fire doors
• Roof felt
• Guttering and pipework
• Bath panels
• Garage roofs

If asbestos is found in your property, you should look to either label, seal, or remove it. What you should do with it will depend on the specific circumstances and, crucially, the condition of the material.

Where asbestos is in good condition, the HSE recommends that the landlord:

• Make a note of its existence on building plans or other records
• Keep that information up to date
• Set up a register of its location

The HSE also advises that the asbestos is clearly labelled or, if labelling is not possible, that steps are taken to ensure anyone who may work on or near the material is made aware that it contains asbestos.

Where asbestos is in poor condition, the HSE states that it must be:

• Either sealed or removed.
• Sealing is generally cheaper, easier, and less disruptive, but removal remains the only foolproof method of treatment.

It’s worth noting that ordinary paint or wallpaper is not classed as an adequate seal. When asbestos is sealed, it should be labelled and the tenant informed of its presence, along with the risks that could arise if asbestos dust is released through DIY or other work.

The HSE recommends that if asbestos is likely to release dust and can’t be easily repaired or protected, or if it is likely to be disturbed during routine maintenance work, then removal is the necessary course of action.

Below is an overview of the key legislation landlords should be aware of:

This is the primary asbestos legislation in the UK. It places a legal “duty to manage” asbestos on those responsible for:

• Non-domestic premises
• The common parts of residential buildings (e.g. communal halls, stairways, service risers, boiler rooms)

Dutyholders must take reasonable steps to determine whether asbestos is present, assess the risk, keep a written record of its location and condition, and implement a management plan.

Anyone likely to disturb asbestos (including contractors) must be informed before work begins.

This Act introduced the Housing Health and Safety Rating System (HHSRS), which local authorities use to assess housing hazards.

“Asbestos and Manufactured Mineral Fibres” is a prescribed hazard category under HHSRS. If asbestos inside a private dwelling presents a serious risk to health, it may be assessed as a Category 1 Hazard, requiring the local authority to take enforcement action.

This is particularly important because it applies inside individual rented homes, and not just communal areas.

Section 11 requires landlords to keep the structure and exterior of residential properties in repair, along with key installations such as water, gas, sanitation and heating.

If asbestos affects part of the structure (such as a roof, ceiling, or external wall) the landlord must ensure the affected element is maintained in a safe condition. Failure to do so may amount to a breach of statutory repairing obligations.

Landlords who have repairing or maintenance obligations owe a duty of care to take reasonable steps to prevent personal injury arising from defects in the property.

If a landlord knew (or ought reasonably to have known) about dangerous asbestos and failed to address it, liability may arise if a tenant or visitor suffers illness or injury as a result.

Damaged or deteriorating asbestos may amount to a statutory nuisance if it is considered prejudicial to health.

Local authorities have powers to investigate complaints and serve abatement notices requiring landlords to remedy the issue.

Landlords are required to assess the risk of asbestos in their properties, but they’re not legally obliged to provide an asbestos report to tenants unless one is requested.

That said, where asbestos is present or suspected, landlords should keep detailed records of any surveys carried out and management actions taken to demonstrate compliance with the relevant regulations.

For commercial properties or houses in multiple occupation (HMOs), landlords must prepare a formal asbestos management plan.

This document outlines the location and condition of any ACMs, as well as the strategy in place to manage them, ensuring that all relevant parties (including tenants and contractors) are kept informed.

Maintaining up-to-date asbestos records is one of the most straightforward ways for landlords to demonstrate compliance and help protect the safety of their tenants.

Managing asbestos is one of the many responsibilities that come with being a landlord. If something goes wrong, whether it’s an asbestos-related claim, a dispute with a tenant or unexpected damage to your property, having suitable insurance in place can help protect you.

Choosing a trusted insurance provider can help you have peace of mind as a landlord. Here’s why so many landlords choose Just Landlords:

• Over 25 years of experience providing landlord insurance
• An in-house customer service and claims team based in Nottingham
• Friendly support available by phone, LiveChat, or email

Find out more about the 40 covers included on our dedicated landlord insurance page.

Below are some frequently asked questions regarding the legal responsibilities of tenants and landlords.

Please note that these frequently asked questions are not a substitute for the policy wording. For full terms and conditions, please see the policy documentation.

Asbestos in a rental property is generally not dangerous if it is in good condition and left undisturbed. However, it becomes highly dangerous when disturbed or damaged, as it releases microscopic fibres into the air that, when inhaled, can cause fatal diseases like mesothelioma, lung cancer, and asbestosis.

According to the Health and Safety Executive, asbestos in poor condition must be sealed or removed. While sealing is cheaper, easier and typically less disruptive, removal is the safest and most effective method of treatment.

A landlord can check for asbestos by hiring a qualified asbestos surveyor to perform a Management Survey for ongoing maintenance, or a Refurbishment and Demolition Survey if planning renovation work.

Yes, landlords can face legal action if they fail to manage asbestos risks, which lead to asbestos exposure to tenants. Additionally, if a tenant develops an asbestos-related illness because of negligence, the landlord can be held liable.

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited trading as Just Landlords accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.