Landlords Asbestos Regulations, How To Handle Asbestos In Your Auckland Rental Property Stake Property

A landlord is planning to demolish a shed located at the rear of a rental property.

Mesothelioma experts australia. Under regulation 4 of the control of asbestos regulations 2006 landlords have certain duties towards their tenants to minimise the risks of exposure to asbestosthe landlord has responsibility for the maintenance or repair of non domestic premises through a tenancy agreement or contract. Non domestic includes residential communal areas such as entrance halls stairways shared roof spaces garages boiler rooms and communal gardens. The presence of asbestos itself does not constitute disrepair.

There are no specific laws or regulations regarding asbestos and housing. How does asbestos affect commercial landlords. Under asbestos regulations as a landlord you have a duty to manage the risks presented by asbestos.

However it is also stated that you should minimise the risk of tenants visitors or contractors risk of exposure so you cant just carry out a risk assessment on a flat in your building you want to rent find it has asbestos. Identify materials containing asbestos acms implement hold and maintain an asbestos register. Now the asbestos audit company says landlords in particular have responsibilities to prevent tenants being exposed to asbestos.

The shed is of an age and type that is likely to contain asbestos such as a structure built altered or refurbished before 1 january 2000 with building elements that may contain asbestos. Under hswa you have a duty to identify asbestos and prepare an asbestos management plan for work involving a risk of exposure to respirable asbestos fibres. It is your responsibility to.

Oshas regulations protect the right of tenants by placing duties on landlords themselves. Part of the landlord and tenancy act of 1985 states that property to let must be fit for human habitation specifying that any asbestos material in unsafe condition must be dealt with prior to a tenancy beginning. The policy clarification explains how these duties apply for residential landlords.

Under regulation 4 of the control of asbestos regulations 2012 car 2012 there is a duty to manage asbestos in non domestic premises to prevent people from exposure to asbestos. As a tenant you have a right to a livable home. The control of asbestos regulations 2012 car 2012 place specific duties upon duty holders who are usually building owners of non domestic properties or those responsible for maintaining the building for example a tenant under a lease.

As asbestos is a hazardous substance exposed asbestos must be dealt with by your landlord. If you are a residential landlord you will need to know what to do if planned work may involve asbestos. Responsibility for asbestos in residential properties depends in part on the agreement made with the tenant.

In most cases your duty as a landlord will extend to carrying out risk assessments before work is done by contractors but not much beyond that. Until now rather than identifying all asbestos the landlord assumed it to be present and advised the tenants how to stay.