Are you a Landlord or thinking about becoming a Landlord? If yes, then you need to know your obligations.
I recently read an article about being a landlord and the duties they have. It listed obligations as:
- Checking to see if you need a license to rent
- Annual gas safety check
- Electrical safety check every 5yrs
- EPC rated A-E (valid for 10years)
- Fire alarm/smoke detectors fitted and regularly checked
- Carbon Monoxide detectors fitted and regularly checked
What surprised me was that ASBESTOS was not mentioned.
Asbestos wasn’t just used in Commercial & Industrial buildings; it was used in the domestic sector right up to 1999 – so any home built before year 2000 could contain asbestos materials. Homes built in the 50’s – 70’s are most at risk but asbestos was still extensively used up to 1985, with things being phased out up to 1999.
And don’t forget, asbestos could have been installed into very old houses during this time; for example a house built in the 1800’s would not have used asbestos in its original construction phase BUT asbestos could have been installed later in the 1950’s to 80’s.
The law SHOULD state that people buying / selling homes must have an asbestos survey but the law sadly doesn’t. This is a huge failing in providing measures to protect homebuyers’ health and pockets. Others at risk are the tradesmen who will be required to renovate and then ultimately the tenants.
There is commonly a severe lack of asbestos knowledge between all parties concerned (buyer, investors, seller, estate agent, solicitor, developer, tradesmen etc) which if it was there, would drive the need for an asbestos survey.
These type of surveys ARE NOT asbestos surveys:
- A Mortgage Valuation Survey
- A Homebuyers Survey
- A Structural Survey
You might get a mention of possible asbestos but this does not constitute a formal asbestos check and the report will go on to say “get a professional asbestos survey to confirm”.
So get an Asbestos Survey done to then know if you need to take action to maintain a safe and habitable premises (Defective Premises Act). Or if you are buying, the survey will give you powers of negotiation if asbestos is present or alternatively you may back out of the purchase altogether if the place is riddled with asbestos. You don’t necessarily have to remove all asbestos; just know where it is, keep it in good condition and prevent disturbance.
The law does put a duty on tradesmen working in domestic premises but sadly, the number of trades that are unaware of and uneducated about asbestos is frightening. Often they say to me “oh it’s okay, I don’t need any asbestos training because I only work in domestics”. This is an exposure incident just waiting to happen.
So if you are a:
- Landlord (or want to be a landlord)
- A buyer
- An investor
- A seller
- An estate agent
- A solicitor
- A developer
- An architect
- A tradesmen
Then you all need to be aware of asbestos and your duty to be safe, to protect yourself and other people and to protect your reputation that you have spent years building.
One asbestos incident is enough to threaten lives, cost you time & money, ruin your reputation and worst case, be prosecuted or even jailed.
So get your license to rent sorted and your checks on gas, electric, energy rating, CO detectors and fire safety………
BUT DON’T FORGET ABOUT ASBESTOS.
Not knowing is no excuse.
For more information or any queries please contact me via:
Email [email protected]
or mobile 07889 169 085
Always here to help.
