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Asbestos; what are your duties as a landlord?

Here at RBAsbestos, our team are regularly approached by landlords who are seeking clarity on what responsibilities they have when it comes to asbestos.

This is an area that is not as crystal clear as you may think, but don’t worry, because the R B Asbestos team have all the answers you need. In our latest blog post, we explore this topic further, and provide you with all the information that you need as a landlord regarding asbestos in your property.

Are commercial landlords responsible for asbestos?

This can be a challenging area as there are differences between commercial and domestic situations. The Control of Asbestos Regulations CAR 2012 cover all aspects of this area, along with their various guidance documents.

For commercial landlords the responsibility for asbestos lies generally with the landlord, or the tenant, based on the lease drawn up. Whomever is responsible for the maintenance of the property (or their part of the property) is required by law to have an asbestos survey in place, this is an ‘asbestos management survey’.

They must also (if asbestos is present) have an ‘asbestos management plan’, to protect the occupants and tradespeople and this must be reviewed and asbestos re-inspected at least annually. All this assumes the property was constructed before 2000. All asbestos use was banned in the UK in Late 1999.

Do the same rules apply for residential landlords?

For the residential landlord the treatment is different. Under the asbestos regulations there is no legal requirement to have a survey in place for a domestic dwelling. However, if the domestic dwelling is part of a larger block with ‘Common areas’ then the duty to survey and manage still applies to the landlord. Such areas may include;

  • Corridors
  • Ceiling spaces
  • Lift shafts
  • Plant rooms
  • Bike stores
  • Outer roof areas

However, it’s also crucial to remember that (Under Regulations 5,6 of the CAR 2012) if tradespeople access the ‘residential part’ of the property there is a duty on their employer to protect them from asbestos. This is why companies are asking for asbestos surveys of the residential aspects, to protect their staff, prior to starting work.

Contact R B Asbestos today for leading asbestos management services

To ensure that asbestos within one of your buildings is safely managed, contact the R B Asbestos team today. Our team will work closely with you to ensure that you are fully compliant with all asbestos regulations. Learn more about our asbestos services.

Or if you would simply like to speak to a dedicated member of the R B Asbestos team about your responsibilities as a landlord, give us a call now on 0800 141 2676.

Unable to speak to us over the phone right now? No problem, as you can also contact us online by providing a few quick details and contacting us online.

Asbestos; what are your duties as a landlord?
2020-01-23T14:25:42+00:00
Stacey