Asbestos and Landlords: What the Law Requires

Landlords often hear that they must "manage asbestos" in their properties. The legal position is more specific than that, and it depends on whether you let individual homes, whole blocks, or commercial premises. This guide covers England and the Great Britain-wide asbestos rules as they stood in September 2026. Wales, Scotland and Northern Ireland have their own housing laws.

The duty to manage: where it does and doesn't apply

Regulation 4 of the Control of Asbestos Regulations 2012 creates the duty to manage asbestos. It applies to:

• all non-domestic premises, such as shops, offices and industrial units
• the common parts of multi-occupancy domestic buildings, such as purpose-built flats and houses converted into flats: entrance halls, corridors, stairs, lift shafts, roof spaces, and shared outbuildings, gardens and garages

It does not apply inside private houses, inside individual flats, or to rooms shared by several households in a house, such as a shared kitchen in an HMO.

The dutyholder is whoever has responsibility for maintaining or repairing the premises, under a lease, tenancy or other contract, or whoever controls them if there is no such contract. In a block of flats that is often the freeholder, the landlord or a management company.

What the duty to manage involves

If you are the dutyholder, HSE says you must:

1. find out whether asbestos is present, how much, where and in what condition, and presume materials contain asbestos unless there is strong evidence they don't
2. keep an up-to-date record or register of the location and condition of asbestos or presumed asbestos
3. assess the risk of anyone being exposed
4. write an asbestos management plan, put it into action, and review it at least every 12 months
5. give information about the asbestos to anyone who may work on or disturb it, including the emergency services

A management survey is usually the practical way to do step 1. See asbestos surveys explained.

Inside a let home

Although the duty to manage doesn't reach inside a let house or flat, landlords still have responsibilities:

• Work you arrange. HSE says the general duties in section 3 of the Health and Safety at Work etc. Act 1974 protect tenants from risks created by work carried out in their homes. Contractors doing that work must follow the asbestos regulations, including finding out whether asbestos is present before they disturb the fabric.
• Fitness for habitation (England). Under the Homes (Fitness for Human Habitation) Act 2018, rented homes must be fit to live in at the start of the tenancy and throughout. Exposure to asbestos fibres is one of the hazards assessed under the Housing Health and Safety Rating System, which was amended from 23 June 2026; asbestos remains a listed hazard.

In practice, keep any survey reports, tell contractors about known or suspected asbestos before they start, and deal with damaged material promptly.

Commissioning work safely

• Use an HSE-licensed contractor for sprayed coatings, lagging, loose fill and most asbestos insulating board.
• For lower-risk materials such as asbestos cement or textured coatings, use a contractor trained for non-licensed asbestos work.
• After licensed work, make sure you receive the certificate for reoccupation from the accredited analyst before tenants use the area again.
• Ask how waste will be disposed of. Asbestos is hazardous waste.

Are the rules changing?

HSE consulted on targeted changes to the Control of Asbestos Regulations 2012 between November 2025 and January 2026. The proposals included making it a legal requirement for the analyst doing a four-stage clearance to be appointed independently of the removal contractor. As of September 2026 HSE had not published its response and the regulations were unchanged. HSE is also running an "Asbestos: Your Duty" campaign aimed at building owners and landlords.

Better Home Hub, which runs this site, can try to introduce you to a surveyor or contractor.

Sources

• Control of Asbestos Regulations 2012, regulation 4
• HSE: the duty to manage asbestos
• HSE: check if you have the duty to manage
• HSE asbestos FAQs
• GOV.UK: guide for landlords, Homes (Fitness for Human Habitation) Act 2018
• Housing Health and Safety Rating System (England) Regulations 2005, Schedule 1
• HSE consultation on the Control of Asbestos Regulations 2012

Last reviewed September 2026. General information, not legal advice.