What is asbestos?  

Your landlord has a legal duty to provide safe and comfortable rental accommodation, and if you identify a repair issue that casuses an element of danger or unsafe conditions, or means the property is not fit for you to live in, they have to respond to fix the issue. Identifying asbestos in a rental property is one time where you must react quickly to report the issue and the landlord must react quickly to remove or manage the risk. 

Asbestos was a very popular material used in various forms until the 1970s and 1980s when the dangers were first identified. Asbestos was used because it is strong and durable and is extremely resistant to heat and fire. Asbestos was commonly used in ceiling tiles, insulation, drywall and corrugated roofing, which means the ceiling of a building built before around 1990 could have asbestos in it. Asbestos can also be found in ventilation ducts, floor tiles, cement fire surrounds, pipe lagging and boiler lagging.  Another popular use for it was in Artex ceilings (a textured ceiling pattern made from a material similar to plaster).

It can be difficult to tell if you have asbestos in your ceiling, but there are some signs to look for. If your ceiling is damaged you could find:

• Fluffy fibres – it could be asbestos if you can see fibres that look like cotton wool

• Strong smell – when disturbed, asbestos can give off a strong smell, a bit like burning plastic

• Crumbling materials – asbestos can become brittle over time, meaning it can crumble easily and come away from the ceiling

• Water damage – if you think there is water damage in your ceiling, and you think it could contain asbestos, it is likely that some of the material has been disturbed and released fibres into the air

The dangers of asbestos in your rental property 

The dust particles produced by asbestos are tiny and very hard to detect. But they can be breathed in and can stay in a person’s respiratory system for many years, between 15-60 years. In some cases, and many years later due to a past exposure, this can result in mesothelioma (a cancer of the inner lining of the chest wall or abdominal cavity) or asbestos-related lung cancer.  

Blue and brown asbestos are the most dangerous types, but if left undisturbed asbestos doesn’t cause much danger. This is why it is not illegal to have asbestos in buildings built before the material was banned in the UK, but it does mean that a landlord needs to have a management plan in place where asbestos has been identified. This needs to: 

• Inform all tenants that an asbestos containing material is present  

• Conduct regular surveys and inspections of the asbestos to check it hasn’t got worse or been disturbed, making the fibres airborne 

• Keep records of these checks 

• Have a plan to ensure the asbestos is not disturbed 

• Have a plan to manage the removal of the asbestos, if it is disturbed   

What to do if you discover a problem with asbestos in your rental accommodation 

If you are aware that there is asbestos in your rented accommodation and you can see that it has been disturbed or its condition has got worse, you should leave the property immediately and report the issue to your landlord. If your landlord does not reply to this report and the issue is not fixed, Sparrowhawk Legal has specialist housing disrepair solicitors who can support you. 

We can represent you in communications with your landlord so you avoid entering into a conflict. We can arrange for the correct inspection and removal work to be carried out to make your home safe, and can work towards securing compensation for your ordeal, the health risk and any damage and costs you have spent. We can offer you: 

• Online consultation from anywhere in England

• Regular and clear communications 

• Taking on formal legal proceedings  

Professional legal support for a housing disrepair issue  

At Sparrowhawk Legal we believe that every tenant has a right to justice and to live in safe and comfortable rented accommodation that is free from risks such as asbestos in ceilings. Identifying this, or finding it has been disturbed, can be extremely stressful and dangerous. We are here to protect you and safeguard the wellbeing of you and your family, and your home. So contact our team at Sparrowhawk Legal for support with a disrepair issue involving asbestos in a ceiling.