Understanding UK Asbestos Regulations: Who is Responsible for Managing Asbestos in Rented Properties?

Adam Fox • 4 May 2023

What is a Duty Holder and who is it when there's no written agreement? 

Asbestos is a deadly mineral that was commonly used in construction materials before its ban in the UK in November 1999. The mineral is known to cause a variety of cancers and respiratory diseases, and it is estimated that over 5,000 people die every year in the UK as a result of asbestos exposure. As such, the UK has strict regulations in place to manage asbestos in all types of properties, including rented properties. In this article, we will explore who is responsible for managing asbestos in rented properties, what to do if asbestos is found in your rented property, and how to protect yourself and your family from asbestos exposure.


Introduction to Asbestos Regulations in the UK


The Control of Asbestos Regulations 2012 is the primary legislation that governs the use, management, and removal of asbestos in the UK. The regulations apply to all non-domestic properties, including commercial, industrial, and public buildings, as well as domestic properties, including rented properties.


What is Regulation 4 - The Duty to Manage?


Regulation 4 of the Control of Asbestos Regulations 2012 places a duty on those responsible for non-domestic premises to manage the risk from asbestos. This duty applies to all non-domestic premises, including rented properties, and requires the duty holder to identify any asbestos-containing materials (ACMs) in the property, assess the risk of exposure, and develop a plan to manage the risk.


Who is Responsible for Managing Asbestos in Rented Properties?


Under the Control of Asbestos Regulations 2012, the responsibility for managing asbestos in a rented property falls on the duty holder. The duty holder is the person or organization that has control over the maintenance or repair of the property. In most cases, this will be the landlord or letting agent.

It is important to note that even if the landlord is not aware of the presence of asbestos in the property, they still have a legal duty to manage the risk from asbestos. This means that in the vast majority of cases, the landlord should conduct a survey of the property to identify any ACMs and assess the risk of exposure.


Are Landlords Required to Conduct Asbestos Surveys?


While there is no legal requirement for landlords to conduct asbestos surveys, it is strongly recommended that they do so. A survey will identify any ACMs in the property, assess the risk of exposure, and provide guidance on how to manage the risk. A survey will also provide peace of mind to both the landlord and the tenant, as it will confirm whether or not asbestos is present in the property.


What to Do if Asbestos is Found in Your Rented Property


If asbestos is found in your rented property, the landlord has a legal duty to manage the risk from the asbestos. The landlord should develop a plan to manage the risk, which may include sealing or encapsulating the asbestos, or removing it if necessary.

As a tenant, it is important to cooperate with the landlord in managing the risk from asbestos. This may involve vacating the property during any asbestos removal work or taking precautions such as closing doors and windows to prevent the spread of asbestos fibres.


How to Protect Yourself and Your Family from Asbestos Exposure


Asbestos exposure can cause a variety of cancers and respiratory diseases, so it is important to take steps to protect yourself and your family from exposure. If you suspect that your rented property may contain asbestos, you should contact your landlord immediately.


If asbestos is present in the property, the landlord should take steps to manage the risk, such as sealing or encapsulating the asbestos. As a tenant, you should follow any instructions provided by the landlord to minimize the risk of exposure.


Penalties for Non-Compliance with Asbestos Regulations


Non-compliance with asbestos regulations can result in serious penalties, including fines and imprisonment. Landlords who fail to manage the risk from asbestos in their rented properties can face fines of up to £20,000 or even imprisonment.


Asbestos-Related Illnesses and Their Symptoms


Asbestos exposure can cause a variety of illnesses, including mesothelioma, lung cancer, and asbestosis. These illnesses can take decades to develop, and symptoms may not appear until many years after the initial exposure.

Symptoms of asbestos-related illnesses can include shortness of breath, coughing, chest pain, and fatigue. If you experience any of these symptoms, you should contact your doctor immediately and inform them of any potential asbestos exposure.


How to Identify Asbestos-Containing Materials in Your Rented Property


Asbestos was commonly used in a variety of construction materials, including insulation, ceiling tiles, and cement products. If you suspect that your rented property may contain asbestos, you should contact your landlord and ask them to conduct a survey to identify any ACMs in the property.

If you are planning to carry out any DIY work in the property, it is important to be aware of the potential for asbestos exposure. You should take precautions such as wearing a mask and gloves and avoid disturbing any materials that may contain asbestos.


Conclusion and Recommendations for Renters


In conclusion, asbestos is a deadly mineral that can still be found in many properties in the UK, including rented properties. As a tenant, it is important to be aware of the potential for asbestos exposure and to cooperate with your landlord in managing the risk.

If you suspect that your rented property may contain asbestos, you should contact your landlord immediately and ask them to conduct a survey. If asbestos is found, the landlord should develop a plan to manage the risk, and you should follow any instructions provided to minimize the risk of exposure.


Remember, asbestos exposure can cause serious illnesses, and it can take decades for symptoms to appear. If you experience any symptoms of asbestos-related illnesses, you should contact your doctor immediately and inform them of any potential asbestos exposure.


As renters, we have the right to live in safe and healthy homes. By working together with our landlords to manage the risk from asbestos, we can help to prevent the devastating effects of asbestos exposure.


If you suspect that your rented property may contain asbestos, contact your landlord immediately and ask them to contact Consulo Compliance or another professional asbestos consultancy to conduct a survey.


If you have any concerns about asbestos exposure, consult a medical professional.


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by Adam Fox 9 April 2025
Asbestos and the Circular Economy: Why It's Time to Stop Burying the Problem Twenty-five years after asbestos was banned in the UK, we’re still digging a hole—literally and metaphorically. Every day, across the country, asbestos waste is double-bagged, labelled, loaded into skips, and driven to landfill, where it will sit indefinitely, taking up valuable space, creating ongoing liability, and adding to our already bloated environmental burden. And yet, 2025 presents a different path. A smarter one. One that replaces disposal with repurposing, and turns a dangerous waste product into a useful, circular resource. The technology exists. So the question we should be asking isn’t “Can we recycle asbestos?” It’s “Why the hell aren’t we doing it already?” Landfill is Failing Us—But We’re Still Relying On It Let’s start with the basics. There are still over 1.5 million buildings in the UK that contain asbestos, most of them now approaching the end of their useful life. As these structures age or undergo refurbishment, the volume of asbestos waste is only going to increase. Right now, we handle that waste the same way we did decades ago: • Identify it • Remove it (usually under fully controlled conditions) • Seal it in heavy-duty plastic • Drive it to landfill • Bury it • Forget about it Except we don’t forget, do we? Because landfill space is running out. Disposal costs are going up. And the environmental cost? We’re only just starting to count it. There’s a Better Way—and It Already Works Here’s what most duty holders don’t realise: We no longer have to bury asbestos. Thanks to recent advances in thermal treatment technology, we now have a method that can safely denature asbestos, breaking down its fibrous structure and rendering it harmless. Companies like Thermal Recycling in the UK are already proving this is not science fiction. They’re using high temperatures to transform asbestos cement products—like corrugated roofing sheets—into an inert ceramic material that’s completely safe. But here's the best bit: That material isn’t just neutral. It’s useful. It can be crushed and graded into aggregate, which can be used in road construction, paving, and concrete mixes. Instead of creating a waste burden for the next generation, we’re creating a valuable, low-carbon building material. Why Aggregate Matters in the Carbon Equation The production of virgin aggregates—through mining and quarrying—is energy-intensive and environmentally damaging. It contributes significantly to CO₂ emissions and destroys natural landscapes. So by replacing some of that demand with recycled aggregate from denatured asbestos, we: • Cut carbon emissions • Reduce dependence on extraction • Shrink the environmental footprint of infrastructure projects • Extend the life of quarries and reduce waste tonnage That’s not just a win for waste management. That’s a win for the entire construction supply chain. And yet most people in the industry don’t even know it’s possible. Why Are We Still Burying What Could Be Reused? As someone who’s worked in asbestos compliance for over 20 years—and now helps business leaders manage risk more intelligently—I’ve seen the same patterns play out time and time again: • “We’ll just do what we’ve always done.” • “This project’s tight on budget—landfill’s cheaper, right?” • “We’re just following the usual route—it’s less risky.” Let’s be honest. That mindset is outdated, short-sighted, and lazy. Cost may always be a factor, but the belief that landfill is “cheaper” needs to be challenged. Once you factor in: • Long-term environmental costs • Reputational risk • Rising disposal fees • And the public pressure for sustainable practices Thermal recycling is already starting to make sense. Especially when the output is something usable, not something buried. Licensed Contractors: You Don’t Get a Free Pass Either This isn’t just about clients or duty holders. Licensed Asbestos Removal Contractors (LARC’s) have a moral obligation here too. And I say that not from a place of opinion—but from first-hand experience, day in and day out for over two decades. Too often, LARCs put profits over progress. They default to landfill because it’s faster, easier to price up, and keeps their margins clean. They know the alternatives exist—but they don’t explore them, let alone offer them to their clients. When you hold a licence from the HSE, you’re not just a business—you’re a guardian of public health. That comes with responsibility. 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No one’s asking you to overhaul your entire waste strategy overnight. But you can—and should—start asking better questions: • “Is landfill our only option here?” • “Could this waste stream be recycled instead of buried?” • “What suppliers, contractors, or experts do we know who can help us explore this?” You don’t have to be a global pioneer. But if you’re in a position of responsibility, you should at least be aware that the old way isn’t the only way anymore. Final Thought: The Future Is Circular—Whether You Join In or Not Asbestos will be with us for decades to come. That’s a fact. But how we handle it—and whether we choose to keep repeating the past or do something smarter—is up to us. Thermal recycling and other denaturing technologies offer a rare opportunity to do something that actually moves the industry forward. Not just ticking the compliance box. Not just burying the problem. But solving it—and turning it into something useful in the process. If you’re involved in asbestos management in even the slightest way, ask yourself this: Are you part of the problem, or part of the solution?
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