What is asbestos?
Asbestos is a potentially harmful mineral fibre that was used extensively between the 1950s and 1980s in buildings. Although its use was banned in the UK in 1999 it can still be found in many properties. If asbestos is in good condition and not damaged or disturbed then it should not present a risk. However, if damaged or disturbed then loose airborne asbestos fibres might be inhaled and this could result in diseases of the lungs and chest lining which might take between 15 and 60 years to develop. Landlords should assume that asbestos is present in all pre-2000 buildings.
A landlord's duty
Under Regulation 4 of the Control of Asbestos Regulations 2006, landlords have certain duties towards their tenants to minimise the risks of exposure to asbestos. According to the legislation, a landlord is regarded as a duty holder, that is, the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through a tenancy agreement or contract. The extent of the landlord's duty will depend on the nature of the agreement.
The landlord's duty covers all non-domestic premises, including all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
However, non-domestic premises also include 'common' areas of certain domestic premises such as purpose-built flats or houses converted into flats. Common areas might include the following places.
- Foyers.
- Corridors.
- Lifts and lift shafts.
- Staircases.
- Boiler and plant rooms.
- Store rooms.
- Roof spaces.
- Gardens.
- Yards.
- Outbuildings.
- Garages.
- Sheds.
- Bike shelters.
The flat itself is not included and common areas would not include rooms within a private residence that are shared by more than one household, for example bathrooms and kitchens in shared houses, and communal dining rooms and lounges in sheltered accommodation.
The Health and Safety Executive has put together an asbestos checklist (summarised below) for managing asbestos in premises.
- Find out if asbestos is present at the premises.
- Presume material is asbestos until proved otherwise.
- Survey and sample for asbestos.
- Assess the condition of the asbestos containing material.
- Record where the asbestos or presumed asbestos is and its condition. Put together a drawing or plan of its location.
- Assess the potential risk of the asbestos and whether it is likely to be damaged or disturbed.
- Decide what to do.
- Take appropriate action.
- Check what you've done.
- Monitor and review effectiveness of plan.
If asbestos is identified then depending on its state, the following steps should be taken. Any handling of asbestos should be performed by a specialist.
Minor asbestos damage
- Repair/encapsulate the material.
- Monitor the condition of the material at regular intervals.
- Label the material, where practical.
- Ensure contractors and other workers who are likely to disturb material are informed of the actual or potential presence of asbestos.
Asbestos in good condition
- Monitor the condition of the material at regular intervals.
- Label the material, where practical.
- Ensure all contractors and other workers who are likely to disturb material are informed of the actual and potential presence of asbestos.
Asbestos in poor condition
- Remove asbestos in poor condition.
Asbestos disturbed
- Remove asbestos likely to be disturbed.
Caution is the key word when it comes to asbestos. If you suspect or are aware of asbestos in your premises contact a specialist to ensure that you and your tenants are not at risk.
Useful links for further information:
Related articles:
Attracting and keeping tenants
Legal tips for landlords
Dealing with problem tenants
General landlord information (DIY, Inventories and more..)
Energy-saving tips for landlords and tenants
Financial tips for landlords
Buying a buy-to-let property (auctions, location etc)
Insurance for landlords
Using letting agents
Mortgage information for landlords
The information contained within this article is for general information purposes only, it does not constitute advice. Direct Line for Business endeavours to keep the information up to date and correct but does not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Direct Line for Business will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information.
|
