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 or 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/accomodation
| 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.
