As a responsible landlord in Wales, you are legally required to ensure that your rental property does not pose a health risk to your tenants. One frequently overlooked — yet potentially deadly — hazard is asbestos. Though banned in construction since 1999, Asbestos Containing Materials (ACMs) remain present in many residential buildings, especially those constructed or refurbished before the late 20th century.
In this post, we’ll explain your duties under Welsh housing legislation and UK-wide health and safety regulations, helping you navigate the sometimes complex legal landscape surrounding asbestos in rental properties.
Why Asbestos Matters
Asbestos was widely used for insulation, fireproofing, and as a building material until it was fully prohibited. It is most commonly found in:
- Textured coatings (e.g., Artex ceilings)
- Pipe lagging and thermal insulation
- Asbestos insulating board (AIB)
- Vinyl floor tiles
- Soffits and guttering
- Roofing felt and garage roofs
When undisturbed and in good condition, ACMs are not usually harmful. However, if damaged or improperly handled, asbestos fibres can become airborne and, when inhaled, pose severe health risks including mesothelioma, asbestosis, and lung cancer.
The Legal Framework
While the Renting Homes (Wales) Act 2016 governs the general fitness of homes for habitation, landlords’ responsibilities regarding asbestos are also clearly outlined in broader UK legislation, particularly:
- The Control of Asbestos Regulations 2012
- The Health and Safety at Work etc. Act 1974
- The Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004
Under these, landlords are considered ‘dutyholders’ if they manage non-domestic areas of residential buildings (e.g. communal stairwells, boiler rooms, etc.) and must take reasonable steps to identify, manage, and mitigate the risks associated with ACMs.
Landlord Duties – A Summary
While there is no blanket requirement for residential landlords to remove all asbestos, you must:
- Identify the Presence of Asbestos
- If your property was built before 2000, it may contain ACMs.
- You are expected to undertake an asbestos survey by a UKAS-accredited professional where there is reason to suspect its presence.
- A Management Survey is appropriate for general occupation; a Refurbishment and Demolition Survey is required before major works.
- Assess the Risk
- If ACMs are found, determine their condition and potential for disturbance.
- Maintain a written asbestos register for any communal areas.
- Manage and Monitor
- If the ACMs are in good condition and unlikely to be disturbed, they can remain in situ but must be monitored and clearly labelled.
- Any deterioration or planned work affecting ACMs must be managed by a licensed contractor.
- Inform Tenants
- While you’re not obliged to notify tenants of asbestos if there’s no risk, you must inform them if maintenance work will disturb ACMs or if they might encounter them during general occupancy.
- Contract Competent Professionals
- Any work involving asbestos must be carried out by a HSE-licensed contractor, especially if it involves friable materials like insulation board or sprayed coatings.
Enforcement and Penalties
Failure to comply can result in:
- Enforcement notices issued by the Health and Safety Executive (HSE) or local authority.
- Criminal prosecution, particularly in cases of tenant exposure.
- Civil liability for any resultant health damage.
Additionally, under the Fitness for Human Habitation obligations in Wales, a property with deteriorating or dangerous ACMs may be deemed legally unfit, allowing tenants to take legal action or terminate the occupation contract.
Practical Tips for Welsh Landlords
- Know your property’s age – If built pre-2000, assume asbestos is present until proven otherwise.
- Keep records – Maintain documentation of surveys, management plans, and any asbestos-related works.
- Be proactive, not reactive – Don’t wait for a tenant complaint or maintenance emergency to address potential hazards.
- Engage specialists – Use only qualified surveyors and licensed contractors for assessment and removal.
To Conclude
Asbestos is a hidden danger that cannot be ignored. Whether you’re letting a Victorian terrace or a mid-century flat in Cardiff, Caerphilly or Carmarthen, you owe it to your tenants — and yourself — to understand and comply with your legal duties.
By taking measured, professional steps to assess and manage ACMs, you’ll not only meet your obligations under Welsh law, but also ensure your property remains safe, habitable, and legally compliant.
