Is A Landlord Responsible For An Asbestos Survey In Hampshire?

Asbestos is a fibrous mineral that has been used in various construction materials, such as insulation, roofing, and flooring. It was commonly used in buildings and homes until the 1980s when it was discovered that it posed serious health risks, including lung cancer and mesothelioma.

In 2012, the Control of Asbestos Regulations came into force in the UK, placing a duty on owners and managers of non-domestic premises to manage asbestos. In this article, we will explore whether a landlord is responsible for an asbestos survey in Hampshire.

The Landlord-Tenant Relationship

First, let's define the landlord-tenant relationship. A landlord is the owner of a property that is rented out to tenants. In this relationship, the landlord has certain responsibilities, such as maintaining the property, ensuring that it is habitable, and making necessary repairs.

A tenant, on the other hand, pays rent to live in the property and has certain rights, such as the right to privacy and the right to a safe and habitable living environment.

Asbestos and Health Risks

Asbestos is a hazardous material and can cause serious health risks. When the fibers are inhaled, they can get trapped in the lungs and cause damage over time. Exposure to asbestos can lead to asbestosis, lung cancer, and mesothelioma a rare form of cancer that affects the lining of the lungs, abdomen, or heart.

Asbestos Regulations 2012

In 2012, the Control of Asbestos Regulations came into force, placing a duty on owners and managers of non-domestic premises to manage the risk of asbestos. This includes identifying any asbestos-containing materials (ACMs) on the property, assessing the risk they pose, and developing a plan to manage and monitor the ACMs.

Asbestos Survey

An asbestos survey is the first step in managing the risk of asbestos. It involves a thorough inspection of the property to identify any ACMs and assess the risk they pose. There are two types of asbestos surveys:

• Management Survey: This is a standard survey that is carried out on all commercial properties to identify the location, type, and condition of ACMs. The survey is designed to help the landlord manage the risks associated with the ACMs and comply with the regulations.

• Refurbishment or Demolition Survey: This survey is required before any major refurbishment or demolition work is carried out. It is a more intrusive survey that involves destructive inspection to identify any hidden ACMs that may be disturbed during the work.

Landlord Responsibility

So, is a landlord responsible for an asbestos survey in Hampshire? The short answer is, it depends.

Under the Control of Asbestos Regulations 2012, the duty to manage asbestos falls on the person who has control over the premises. This means that if the landlord has control over the non-domestic property, they are responsible for managing the risk of asbestos.

However, if the landlord has transferred control of the property to a managing agent, then the managing agent is responsible for managing the risk of asbestos. The same applies if the property is leased to a tenant the tenant is responsible for managing the risk of asbestos.

Housing Act 2004

In addition to the Control of Asbestos Regulations 2012, the Housing Act 2004 also requires landlords to provide a safe and habitable living environment. This includes managing the risk of asbestos in domestic properties.

Under the Act, landlords are required to carry out a risk assessment of their property to identify any hazards, including asbestos. If asbestos is identified, the landlord must take action to manage the risks or remove the asbestos if necessary.

Consequences of Non-compliance

Non-compliance with the regulations can result in serious consequences, including fines, imprisonment or both. Landlords who fail to comply with the regulations can face fines of up to 20,000 per offence or imprisonment for up to six months.

In addition, failure to manage the risk of asbestos can also lead to personal injury claims from tenants or employees who have been exposed to asbestos.

Affordable Asbestos Removal Hampshire

At Affordable Asbestos Removal Hampshire, we provide reliable and affordable asbestos surveys in Hampshire and the South East of England. Our experienced and qualified surveyors can help landlords and property managers identify any ACMs on their premises and develop a plan to manage and monitor the risks.

If you're a landlord or property manager in Hampshire, contact us today to schedule an asbestos survey. Our phone number is 01962 458066 and our email is [email protected]. You can also visit our website at affordable-asbestos-removal-hampshire.co.uk for more information.

Don't take the risk of non-compliance with asbestos regulations contact Affordable Asbestos Removal Hampshire today to ensure that your property is safe and compliant.