Asbestos in rental properties is widely misunderstood by landlords, tenants and some letting agents. The legal position is clear: landlords who own non-domestic premises or manage houses in multiple occupation (HMOs) have specific duties under the Control of Asbestos Regulations 2012 (CAR 2012) and wider health and safety legislation. Ignoring those duties can result in prosecution, enforcement action, civil claims and significant financial liability.
Does the Duty to Manage Apply to Landlords?
The Duty to Manage under Regulation 4 of CAR 2012 applies to anyone responsible for the maintenance or repair of non-domestic premises. This clearly covers commercial landlords, housing associations and local authority landlords, HMO landlords, and managing agents. For single-occupancy domestic landlords renting a house or flat to a family, Regulation 4 does not technically apply in the same way — but domestic landlords are still bound by the Homes (Fitness for Human Habitation) Act 2018 and the Landlord and Tenant Act 1985, which require properties to be safe and free from health hazards.
What Commercial and HMO Landlords Must Do
- Arrange an asbestos management survey — carried out by our trusted surveying partners
- Maintain a written asbestos register and management plan
- Inform all contractors of ACM locations before any work on the premises
- Monitor ACM condition at regular intervals
- Arrange removal or remediation when ACMs deteriorate or face disturbance risk
Failure to comply is a criminal offence under CAR 2012 — unlimited fines and enforcement notices apply.
Can a Tenant Take Legal Action?
Where a landlord has failed in their duty of care and a tenant suffers harm from asbestos exposure, civil claims are possible. Cases typically involve mesothelioma diagnoses linked to historic exposure in a rented property; negligent management of a known ACM; failure to inform maintenance workers of ACM locations; and allowing unlicensed removal that contaminated a property. The 20–50 year latency period for asbestos-related diseases means liability exposure from historic events remains active.
Practical Steps for Landlords
Arrange a management survey for any non-domestic or HMO properties without an up-to-date asbestos register. Review existing registers to confirm they are current. Brief all maintenance contractors on ACM locations before any work. Address deteriorating ACMs promptly. For homeowners and private landlords see our homeowners page. Also see our companion posts on landlord legal duties and responsibility in rental properties. For surveys, see our surveys page.