Who Is Responsible for Asbestos in Rental Properties in England?

Responsibility for asbestos in rental properties is one of the most misunderstood areas of UK property law. Many landlords assume asbestos is only an issue if work is being carried out, while tenants often believe it is always the landlord’s responsibility.

In reality, who is responsible for asbestos in a rental property depends on the type of property, the area affected, and the level of control.

This guide explains exactly who is responsible, what the law says in England, and what both landlords and tenants should do if asbestos is present or suspected.

‍

Why Asbestos Responsibility Matters

Asbestos-containing materials were widely used in UK buildings until the late 1990s. Many rental properties still contain asbestos in ceilings, floor tiles, insulation, garages, and roofing.

When asbestos is left undisturbed and in good condition, it may not pose an immediate risk. However, if it becomes damaged or disturbed, dangerous fibres can be released, creating serious health and legal consequences.

Because of this risk, UK law assigns responsibility to whoever has control over the property or area.

‍

The Law in England: What Applies?

The main legislation is the Control of Asbestos Regulations 2012 (CAR 2012).

Official HSE guidance:

👉 https://www.hse.gov.uk/asbestos/duty

These regulations introduce the concept of a “dutyholder” — the person or organisation responsible for managing asbestos risks.

‍

Who Is Responsible for Asbestos in Rental Properties?

Landlords (Primary Responsibility)

In most cases, the landlord is responsible for asbestos in a rental property.

This includes responsibility to:

• Identify asbestos risks
• Prevent exposure
• Take action if asbestos is damaged or disturbed
• Use competent, licensed contractors where required

Landlords are especially responsible when they:

• Control the structure of the building
• Arrange maintenance or refurbishment
• Let properties built before 2000

Professional asbestos surveys are the safest way to identify risk:

https://www.aib-asbestosremoval.co.uk/asbestossurveys

‍

Common Areas (Flats & HMOs)

If the rental property has communal areas, the landlord (or managing agent) is almost always the dutyholder.

This includes:

• Hallways
• Stairwells
• Plant rooms
• Shared basements
• Roof voids

Asbestos in these areas must be identified, managed, and recorded.

Failure to do so can result in enforcement action.

‍

Tenants: What Are They Responsible For?

Tenants are not responsible for managing or removing asbestos.

However, tenants do have responsibilities, including:

• Not deliberately damaging asbestos-containing materials
• Reporting suspected asbestos damage to the landlord
• Allowing access for inspections or surveys

Tenants should never attempt DIY asbestos removal.

‍

Contractors & Tradespeople

Landlords must inform contractors if asbestos is present or suspected before any work starts.

This is one of the most common causes of accidental asbestos exposure during renovations.

If refurbishment is planned, asbestos testing and analysis may be required to confirm material type:

https://www.aib-asbestosremoval.co.uk/asbestostesting

‍

Does Asbestos Always Have to Be Removed?

No — asbestos does not always need to be removed.

Asbestos may be:

• Managed if it is in good condition and unlikely to be disturbed
• Removed if it is damaged, deteriorating, or poses a risk

High-risk materials often require licensed asbestos removal:

https://www.aib-asbestosremoval.co.uk/asbestosremoval

Examples include:

• Asbestos insulating board (AIB)

https://www.aib-asbestosremoval.co.uk/asbestos-insulating-board-aib-removal

• Pipe lagging and insulation

https://www.aib-asbestosremoval.co.uk/asbestos-pipe-lagging-removal-aib-solutions

‍

What About Private Domestic Rentals?

In single-let domestic properties, landlords still have a general duty of care under health and safety law.

Landlords must:

• Prevent foreseeable harm
• Act if asbestos becomes damaged
• Ensure contractors are protected

AIB supports homeowners and private landlords with compliant asbestos management and removal:

https://www.aib-asbestosremoval.co.uk/homeowners-private-landlords

‍

What Happens If a Landlord Ignores Asbestos?

If a landlord fails to manage asbestos risks, they may face:

• HSE enforcement notices
• Prosecution
• Unlimited fines
• Civil compensation claims
• Rent repayment orders in serious cases

Asbestos-related cases are treated seriously due to the long-term health impact on tenants and contractors.

‍

What Should Tenants Do If They Suspect Asbestos?

Tenants should:

1. Avoid disturbing the material
2. Report concerns to the landlord or managing agent
3. Request professional inspection
4. Avoid DIY repairs

If a landlord does not act, tenants can seek advice from the local authority or HSE.

‍

How AIB Supports Landlords & Property Owners

AIB Solutions works with landlords across England, providing:

• Asbestos surveys and risk assessments
• Licensed asbestos removal
• Clear compliance documentation
• Support for inspections, refurbishments, and lettings

You can read feedback from other landlords and property owners here:

https://www.aib-asbestosremoval.co.uk/our-reviews

‍

Final Answer: Who Is Responsible for Asbestos in Rental Properties in England?

In most cases, the landlord is responsible for asbestos in rental properties — particularly in communal areas, structural elements, and where maintenance or refurbishment is involved.

Tenants are responsible for not disturbing asbestos and reporting concerns, but they are not expected to manage or remove it.

Understanding these responsibilities protects health, tenants, and landlords alike.

‍

Speak to Asbestos Specialists for Rental Properties

👉 View AIB’s accreditations and compliance credentials

https://www.aib-asbestosremoval.co.uk/accreditationscertificates

👉 Get expert advice for your rental property

https://www.aib-asbestosremoval.co.uk/contactus

‍