Tenancy Agreement Asbestos: What You Need to Know
Asbestos refers to a group of naturally occurring minerals that have been widely used in the construction industry for their insulation and fireproofing properties. However, exposure to asbestos can lead to serious health problems, including lung cancer and mesothelioma.
If you are a landlord or a tenant, it is essential to know your rights and obligations when it comes to asbestos in your tenancy agreement. Here are some important things to keep in mind:
1. Landlords have a duty to identify and manage asbestos in their properties. Under the Control of Asbestos Regulations 2012, landlords must conduct a survey to identify any asbestos-containing materials (ACMs) in their buildings and create an asbestos management plan to minimize the risk of exposure to tenants.
2. Tenants have a right to know if there is asbestos in their rented property. Landlords must inform their tenants of the presence of ACMs and the measures they have taken to manage them. This information should be included in the tenancy agreement.
3. Landlords cannot avoid their responsibilities by transferring them to tenants. They cannot ask tenants to remove or manage ACMs themselves, as this is the landlord`s responsibility. Tenants should notify their landlord immediately if they suspect there may be ACMs in their property.
4. Landlords must ensure that any work involving ACMs is carried out safely by trained and licensed professionals. This includes any maintenance, repair, or renovation work. Tenants should not attempt to remove or disturb ACMs themselves.
5. Tenants have a right to refuse entry if they believe there is a risk of asbestos exposure. If a landlord needs to carry out work that could disturb ACMs, they must provide advance notice and take appropriate safety measures. If a tenant is concerned about the risks, they should seek advice and may have the right to refuse access.
6. Tenants should report any damage or deterioration of ACMs immediately. This includes cracks, holes, or other damage that could release asbestos fibers into the air. Landlords must respond promptly to any reports of damage and carry out repairs or removal where necessary.
7. Landlords and tenants should keep records of any asbestos-related activities. This includes surveys, inspections, maintenance, repairs, and removals. These records should be kept for at least five years and made available to anyone who may need to see them, such as future tenants or buyers.
8. Landlords should disclose any known asbestos-related risks to potential tenants. This includes information about the presence of ACMs, the measures taken to manage them, and any ongoing maintenance or repair work.
9. Tenants should seek medical advice if they believe they may have been exposed to asbestos. Symptoms of asbestos-related diseases can take years or even decades to appear, so it is important to seek medical attention as soon as possible.
10. Landlords and tenants should seek professional advice if they are unsure about their rights and responsibilities regarding asbestos. This includes advice from licensed asbestos surveyors, removal contractors, and legal professionals.
In conclusion, asbestos in tenancy agreements is a serious issue that requires careful management and attention. Landlords and tenants must work together to ensure that ACMs are identified and managed correctly, and that any risks are minimized. By following the guidelines outlined above, landlords and tenants can help to protect themselves and their properties from the risks of asbestos exposure.