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Asbestos Obligations for Landlords and HMO Managers

If you own or manage rental property, you have a legal “Duty of Care” to your tenants under the Landlord and Tenant Act. Furthermore, if you manage an HMO or a block of flats, the Control of Asbestos Regulations 2012 applies to the “common parts” of the building.

Failure to manage asbestos properly can lead to prosecution by the HSE, voided property insurance, and potential civil claims from tenants or maintenance contractors.

The Legal Distinction: Private Lets vs. HMOs

  • Standard Private Residential Let: While there is no specific “Regulation 4” duty to hold a written asbestos register for the inside of a single-family home, you still have a general duty to ensure the property is safe. If you send a contractor in to fix a boiler or repair a ceiling, and they are exposed to asbestos, you could be held liable.

  • HMOs and Purpose-Built Flats: The common parts (hallways, stairwells, boiler rooms, shared kitchens, and basements) are legally classed as non-domestic premises. This means you must have an asbestos survey and a written management plan by law.

Where Asbestos Risks Hide in Rental Properties

Landlords should be particularly aware of these common materials, which are often disturbed during tenant turnovers or repairs:

  • Textured Coatings (Artex): Extremely common on ceilings and walls. If a tenant scrapes the ceiling moving furniture or a contractor installs new spotlights, fibres can be released.

  • Floor Tiles: Often found under old carpets. If a landlord decides to lift old flooring to install laminate, they may unknowingly break up asbestos-containing vinyl tiles.

  • Cupboard Linings: Airing cupboards and electrical meter cupboards were frequently lined with Asbestos Insulating Board (AIB) for fireproofing.

  • Toilet Cisterns & Tanks: Many older “black” plastic-style cisterns and attic water tanks contain reinforced asbestos composites.

Recommended Services for Property Portfolios

1. Communal Area Management Surveys

A legal requirement for HMOs. We inspect all shared areas and provide an Asbestos Register. This document must be shared with any contractor (plumber, electrician, cleaner) before they start work on the premises.

2. Pre-Purchase Asbestos Surveys

If you are expanding your portfolio and buying a pre-2000 property, a standard valuation survey is rarely enough. Our independent survey identifies potential asbestos liabilities before you exchange contracts, which can be a powerful tool for price negotiation.

3. Void Period Sampling

The best time to check for asbestos is during a “void” period between tenancies. We offer a fast-track sampling service (2 samples for £150) to test suspicious materials before you send in the decorating team for a refresh.

Managing Contractor Safety

As a landlord, you are responsible for the safety of anyone you hire to work on your property.

  • The “Rule of Thumb”: Always provide a copy of the asbestos survey to your contractors.

  • The Benefit: Having a professional survey on file proves you have taken “reasonably practicable” steps to ensure their safety, protecting you from legal repercussions if accidental damage occurs.

Independent & Transparent Reporting

We are strictly independent surveyors. We do not remove asbestos, meaning we have no financial interest in recommending expensive removal works. Our goal is to provide landlords with the facts required to keep their properties safe and compliant at the lowest necessary cost.

Do you manage an HMO in West Yorkshire or the North? Contact our lead surveyor on 07711 855891 for professional advice on your portfolio’s compliance.