What is Asbestos and Why is it Dangerous?

Asbestos is a naturally occurring fibrous mineral. When materials containing asbestos are disturbed, they release microscopic fibres into the air. If these fibres are inhaled, they can cause serious and often fatal lung diseases, including mesothelioma, lung cancer, and asbestosis. The danger arises when asbestos-containing materials (ACMs) are damaged or disturbed, releasing these fibres.

Key Fact: Asbestos was commonly used in buildings constructed or refurbished before the year 2000. If your rental property was built or extensively renovated before this date, it is highly likely to contain asbestos.

Landlord's Responsibilities

For domestic rental properties, while there isn't a direct "duty to manage" as found in commercial settings, landlords have a general duty of care to ensure the health and safety of their Contract Holders. This translates to:

• Awareness: Being aware of the potential presence of asbestos in properties built before 2000.
• Assessment: Taking reasonable steps to identify if asbestos is present and assess its condition.
• Management: If asbestos is present and in good condition, it's generally safer to leave it undisturbed. However, if it's damaged or likely to be disturbed, it must be managed safely.
• Information: Providing information to Contract Holders & Contractors about the presence of asbestos if it's known, especially if there's any risk of disturbance.

Steps for Landlords to Take

To manage asbestos risks effectively in your Welsh rental property:

• Assume Presence: For properties built before 2000, assume asbestos is present unless proven otherwise.
• Do Not Disturb: If you suspect asbestos is present and it is in good condition (undamaged, not crumbling), the safest approach is to leave it alone. Do not drill, sand, cut, or disturb it.
• Professional Survey (if disturbing): Before undertaking any refurbishment, demolition, or major maintenance work that might disturb the fabric of the building (e.g., replacing a ceiling, removing an old boiler, significant bathroom renovation), you must arrange for a qualified asbestos surveyor to conduct a refurbishment/demolition survey. This survey will identify any ACMs that could be disturbed by the work.
• Engage Licensed Contractors: If ACMs are identified and need to be removed or repaired, always use a licensed asbestos removal contractor. Never attempt to remove or work on asbestos yourself.
• Inform Contract Holders: If you know asbestos is present in your property, especially in areas that might be accessible or disturbed by Contract Holders (e.g., an asbestos cement garage roof), you should inform them of its location and advise them not to disturb it.
• Maintain Records: Keep records of any asbestos surveys, removal work, and information provided to Contract Holders.

Common Locations of Asbestos in Homes

Asbestos can be found in various places, including:

• Asbestos cement products (e.g., garage roofs, drainpipes, wall cladding)
• Textured coatings (e.g., Artex ceilings)
• Floor tiles and adhesives
• Insulating board (e.g., around boilers, in fuse boxes)
• Toilet cisterns and seats (older models)
• Pipe insulation
• Boiler flues

Consequences of Non-Compliance

Failing to manage asbestos risks can lead to severe health consequences and legal penalties:

• Serious Illness: Exposure to asbestos fibres can cause fatal diseases for Contract Holders, visitors, or contractors.
• Prosecution: Landlords can face prosecution under health and safety legislation, leading to significant fines and potential imprisonment.
• Civil Claims: You could face civil claims for damages if a Contract Holder or other individual becomes ill due to asbestos exposure in your property.
• FFHH Breach: The presence of poorly managed or damaged asbestos could render a property unfit for human habitation under the Renting Homes (Wales) Act 2016, leading to rent withholding or restrictions on possession.