Domestic Landlords

The responsibilities concerning asbestos and domestic landlord are not clear cut, however there are various health and safety legislation that places responsibilities on all domestic landlords.

The Defective Premises Act 1972 (England and Wales):

Places duties on landlords to take reasonable care to see that tenants and other people are safe from personal injury or disease caused by a defect in the state of the premises.

The Landlord and Tenant Act 1985:

Requires all rented properties to be fit for human occupation at the beginning of tenancy and requires the landlord to maintain that basic standard. Any property with asbestos containing materials that are in an unsafe condition may not comply with the Act.

The Health & Safety at Work etc. Act 1974 (HSW):

(Landlords who employ staff to maintain their properties also need to comply)

Section 2 (1) it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 2 (2) (d) (the same duty extends) to any place of work under the employers control to be maintained in a condition that is safe and without risk to health.

Section 3 (1) requires that every employer is to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected are not exposed to risk of health and safety.

Provide information to other people about their workplace which might affect their health and safety.

Section 4 contains general duties for anyone who has control, to any extent, over a workplace;

The duty to manage (regulation 4) The Control of Asbestos Regulations 2012 does not apply all domestic properties (see list below), however the rest of the regulations from The Control of Asbestos Regulations 2012 do apply, including Regulation 5 – Identification of the presence of asbestos.

Private house – single dwelling, including bed-sits
Type of occupation Room or parts Duty to manage applies?
Owner occupier All No
Let to single family All No
Occupied by more than one family Private rooms, e.g. bedroom, living room No
  Shared rooms, e.g. kitchen, bathroom, lavatory No
Rooms let to lodgers Common parts for access and circulation, e.g. entrance hall, staircase No
  Private Rooms No
House converted into flats
Type of occupation Room or parts Duty to manage applies?
Occupied by more than one family Private rooms No
Common parts for access, circulation and storage, e.g. entrance hall, staircase, roof space. Yes
Garages, parking spaces
Type of occupation Room or parts Duty to manage applies?
Integral to, or linked with residence Private No
Not allocated to any specific person Common parts – for access and circulation. Yes
Block of flats
Type of occupation Room or parts Duty to manage applies?
Occupied by more than one family Individual flats No
Common parts, e.g. foyer, lift, stairs, lobby, boiler and plant room, roof space, communal yard, garden, store rooms, bike shelter, and external outbuilding. Yes
Flats over a shop or office, with or without a separate entrance
Type of occupation Room or parts Duty to manage applies?
Occupied by the shop or office owner Private rooms No
Leased separately Private rooms No
Access and circulation areas. Yes
Sheltered accommodation
Type of occupation Room or parts Duty to manage applies?
  Private rooms No
Common rooms, e.g. dining room, lounge. No
Work areas, e.g. kitchen, staff room, laundry. Yes
Common parts, e.g. foyer, lift, stairs, circulation areas, boiler room, store rooms, roof space, external outbuilding. Yes
Hotel, pubs, guest house, hall of residence, hostel (private and local authority), care home
Type of occupation Room or parts Duty to manage applies?
Includes bed and breakfast, if that is the main purpose Private rooms occupied by the owner. No
Guest accommodation and common parts, (e.g. foyer, lift, stairs, circulation areas), store rooms, roof space, outbuildings. Yes
Tied cottage /accommodation
Type of occupation Room or parts Duty to manage applies?
Leased or rent-free All No
Farms
Type of occupation Room or parts Duty to manage applies?
Leased or rent-free Farmhouse No
Farm buildings Yes

Landlords who want to create a safe environment for tenants and workers, while ensuring that they avoid any legal problems are recommended to have an Asbestos Management Survey undertaken and develop an Asbestos Management Plan.

Asbestos poses a serious health risk and when disturbed or damaged asbestos fibres become air-borne. Once inhaled, these fibres get into the respiratory system and can cause various fatal respiratory diseases, for which there is no cure. For further information, see our Health Risks page.

With over 3000 asbestos products, there is a high possibility of asbestos being present in properties built before the year 2000. For further information, see our Asbestos in Buildings page.

Domestic Landlords

Stone Asbestos Ltd

Comprehensive Surveying & Risk Management Services

London: 01895 641 777
Lincolnshire: 01205 340 777
Email: info@stoneasbestos.co.uk

STONE ASBESTOS LTD are an independent asbestos consultancy and our aim is to:

  • Maintain integrity, impartiality and independence
  • Provide an unrivalled level of service to our customers
  • Produce comprehensive asbestos reports and management plans

All our surveyors are competent and customer focused to provide an exceptional service and experienced in surveying commercial, industrial and domestic premises.

STONE ASBESTOS LTD are members of the British Occupational Health Society, retain health & safety accreditation SSIP through Acclaim Accreditation and are members of Constructionline.

Contact us today for FREE professional and impartial advice regarding asbestos.