Asbestos is a type of building material that was commonly used up to the 1980s. There are many different types of asbestos and in most cases, if left undisturbed, it is a harmless material. The problems come when it becomes disturbed or its condition gets worse, when this happens the tiny dust fibres in its structure become airborne and can be breathed in. This can lead to breathing illnesses that can be fatal. The fibres can also lie in a person’s body for many years without them knowing and illness may only happen in later life, between 15-60 years after the exposure. 

Where can asbestos be found in a property?

The reason asbestos was so widely used in the past was because it is strong and long-lasting and is highly resistant to heat and fire. So it was commonly used in floor tiles and in types of insulation. It was also popular in ceiling tiles, corrugated roofing, plasterboard, ventilation ducts, cement fire surrounds, pipe lagging and boiler lagging.  

In a rented property that was built before 1990, you may find asbestos in floor tiles. It is common for floor tiles to be covered over by other types of flooring, so you may not know asbestos is there, but because it is on the floor, it is very easy for it to become disturbed or for its condition to get worse, so there is a bigger risk. It is not illegal for asbestos to be in a property that was built before the material started to be banned, but your landlord has to put a management plan in place to control the asbestos if it is found. This should involve: 

• Telling all tenants that asbestos is there and where it is 

• Carrying out regular surveys to identify any change in the condition of the asbestos, i.e. if it is crumbling 

• Keeping records of all inspection surveys and details of the findings 

• Making sure there is a plan to stop the asbestos being disturbed 

• Making sure there is a plan to evacuate the building and have the asbestos removed, if it is disturbed

   

Remember, asbestos in floor tiles generally doesn’t need to be removed if the tiles are in good condition, but if the tiles are damaged or if you plan to renovate or lay new floor tiles, this could disturb the asbestos fibres and create a new risk. In this case the landlord should be told and removal may be necessary.  

If you discover an issue with asbestos, here is what you need to do 

If you already know there is asbestos in your floor and you have seen that it has been disturbed, you must tell the landlord straight away and leave the building to protect yourself and your family. Asbestos must be removed by specialist people using the correct breathing equipment and with the correct handling and disposal licences. If you did not know that asbestos was in your floor tiles, you should still report a discovery immediately and take suitable steps to leave the building. Your landlord will have to carry out a proper asbestos survey and then come up with a full management plan as above to make sure the asbestos is controlled.  

Once you have reported an asbestos disrepair incident to your landlord, they should react quickly to solve the issue. If this is not done to your satisfaction you can contact Sparrowhawk Legal to act on your behalf with the landlord. We will: 

• Communicate with the landlord and make arrangements for the safety and comfort of your home to be restored as soon as possible 

• Represent you in formal court proceedings to secure compensation where this is necessary 

• Hold online consultations with you from anywhere in England 

• Use our skills to secure compensation for your discomfort, inconvenience and any costs you have spent

• Use clear communications throughout the process 

Friendly and compassionate support for landlord disputes over asbestos 

Our aim at Sparrowhawk Legal is to support you as a vulnerable tenant in solving a dispute with your landlord. We believe every tenant has a right to justice, and a right to receive compensation where there is a risk to their health and wellbeing, and that of their family. So contact Sparrowhawk Legal today for specialist legal support if you have found asbestos in the floor of your rental property.