Asbestos and you... Landlords
Asbestos Management Responsibilities for Landlords
We are running a series of information blogs to make you aware of the legal guidelines that apply to you with regard to asbestos in buildings. In the sixth of our series, we focus on the responsibilities of landlords.
Asbestos Responsibilities for Commercial Property Landlords
As a landlord of a commercial property, your duty to manage asbestos is defined by The Control of Asbestos Regulations 2012 Regulation 4. However, the specifics of your asbestos management duties will depend on the terms outlined in your lease or tenancy contract.
If the lease specifies that you, the landlord, are responsible for the maintenance of the property, then the duty to manage asbestos falls squarely on your shoulders. This legal duty means you are required to ensure that any asbestos-containing materials (ACMs) present on the property are properly identified, monitored, and managed to prevent any health risks.
In cases where maintenance responsibilities are shared between you and the tenant, the cost of asbestos management should also be shared, and both parties should agree on arrangements for managing asbestos risks. It is essential that clear communication and agreements are in place to ensure compliance with asbestos regulations, and to protect anyone who may be working in or using the property from potential asbestos exposure.
Asbestos Responsibilities for Domestic Property Landlords
If you are a landlord of a domestic property, your legal duties differ slightly, but they still encompass the management of asbestos-related risks. Under the Defective Premises Act 1972, landlords have a duty to take reasonable care to ensure that tenants and visitors are safe from personal injury or disease caused by any defects in the state of the premises. Although asbestos is not specifically mentioned in the act, it is widely understood that this duty includes managing risks related to asbestos.
As a landlord, this means you are responsible for identifying and managing any asbestos-containing materials that could pose a health risk to your tenants or visitors. Your tenants, in turn, have a duty to cooperate with you as far as possible, enabling you to fulfil this responsibility. This may include granting access to contractors for asbestos surveys or inspections and following safety guidelines related to asbestos management.
Shared Responsibilities and Communication
Whether you are managing a commercial or domestic property, clear communication between you, your tenants, and any other parties involved is essential. Asbestos management requires cooperation to ensure that everyone’s safety is protected, and that all parties are aware of their responsibilities.
In commercial settings, it is particularly important to have any agreements about asbestos management clearly outlined in your lease or tenancy contract. This will help to avoid confusion and ensure that both landlords and tenants are aware of their roles in managing asbestos risks, including how the costs and responsibilities for asbestos-related work are shared.
Why Asbestos Management is Crucial
Asbestos was widely used in construction throughout the 20th century, and many buildings—both commercial and residential—still contain asbestos-containing materials today. While asbestos is safe if left undisturbed and in good condition, damaged or deteriorating ACMs can release harmful fibres into the air. These fibres can cause serious health issues, including asbestosis, lung cancer, and mesothelioma.
For this reason, it is crucial that landlords take their duty to manage asbestos seriously. Proper management of asbestos risks not only ensures compliance with legal obligations but also protects tenants, visitors, and anyone who may carry out work on the property from the dangers of asbestos exposure.
How We Can Help
At The Asbestos Specialists, we offer a fully comprehensive Management of Asbestos in Buildings training course that covers all aspects of asbestos management, including the legal responsibilities of landlords and the steps required to comply with asbestos regulations.
Our examination-based course is designed to provide landlords and property managers with the knowledge and skills needed to manage asbestos safely and effectively. Whether you own a single property or manage a portfolio of buildings, our training will equip you with the expertise required to meet your legal duties.
For more information about our training courses, or to discuss your asbestos management requirements, please contact us today. We’re here to help you stay compliant and ensure the safety of your tenants and visitors.
Get in Touch
Understanding and complying with asbestos management regulations can be challenging, but with the right training and guidance, you can meet your obligations with confidence. Reach out to The Asbestos Specialists to learn more about our asbestos management courses and how we can support you in managing asbestos risks on your properties.
The Asbestos Specialists: Ensuring safe and compliant asbestos management for landlords.