The short answer
If you let a single house or flat, the formal duty to manage asbestos under the Control of Asbestos Regulations 2012 does not apply to the inside of that home. If you let or manage a building with shared areas, such as a block of flats, the duty is likely to apply to those common parts. Either way, anyone you send in to do work needs to know about asbestos before they start.
Single private rented homes
HSE says the duty to manage does not apply to domestic premises. So there is no requirement in those regulations for a landlord to commission a survey or keep a register for a single rented house.
That doesn’t mean asbestos can be ignored. Landlords have wider obligations to keep homes safe and in repair. In England, the government’s HHSRS landlord and agent guide includes a guideline, not a mandatory standard, that asbestos-containing material should have no defects and be maintained so it doesn’t release fibres. Damaged asbestos in a rented home is a problem you should deal with.
HMOs and blocks with common parts
HSE’s guidance on who holds the duty gives the landlord of rented accommodation as an example of the person responsible for common parts. It lists foyers, corridors, lifts, staircases, roof spaces, gardens, yards, outhouses and garages. Individual flats are not included.
If you own a block, or a converted house with a shared hall and stairs, treat those areas as within the duty unless you have clear advice otherwise. That means finding out whether asbestos is present, keeping a register, having a plan and reviewing it. Where a managing agent or freeholder looks after the common parts, the lease decides who holds the duty.
Contractors need to know before work starts
Employers must not let their workers start maintenance or building work until they have found out whether asbestos is likely to be present (regulation 5). A plumber, electrician or kitchen fitter will ask you what you know. If you have a survey, give them a copy. If you don’t, they may need to arrange sampling or treat suspect materials as asbestos.
Common items in older rented homes include textured ceilings, floor tiles, boxing around boilers, soffits and cement garage roofs.
Practical steps for landlords
- Work out whether any part of your building is shared. If so, set up a register and plan for those areas.
- Keep any survey reports with the property file and pass them to contractors.
- Look at suspect materials at each inspection. Note any damage, cracking or crumbling.
- Ask tenants not to drill, sand or scrape suspect ceilings, walls or floors, and to report damage.
- If something is damaged, keep people away from it and get it tested before deciding what to do.
- Use the right contractor. Some work needs a contractor holding an HSE licence.
When a survey helps
Even where it isn’t required, a survey can save time and arguments. It’s worth considering:
- when you buy a pre-2000 property to let (see our guide for buyers);
- between tenancies, before refurbishing a kitchen or bathroom;
- when a tenant reports damage to a material that might be asbestos;
- before any work that opens up walls, ceilings or floors, when a refurbishment and demolition survey is the right type.
For a single item, sampling and testing may be all you need.
If a tenant is worried
Take it seriously and stay calm. Asbestos that is in good condition and left alone is generally low risk. Explain what you know, arrange a test if needed, and keep a record. Our page on what to do after possible exposure may help.
If you need a survey, testing or removal in London or the South East, get a quote.
Quick answers
Do I legally need an asbestos survey to let a house?
The duty to manage doesn’t apply to the inside of a single rented home, so those regulations don’t require one. A survey is still useful before work or if a material is damaged.
Does the duty apply to my block of flats?
It applies to the common parts, such as halls, stairs, roof spaces and bin stores. The person responsible for maintaining them holds the duty.
Can a tenant’s contractor drill into a textured ceiling?
Not until someone knows whether it contains asbestos. Ask tenants to check with you before any drilling or fixing.
This guide is general information, not legal advice. For the law itself, see the Control of Asbestos Regulations 2012 and HSE’s asbestos pages. Not sure what you’re dealing with? Ask us.