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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Asbestos is rental property - AIBU to stop paying rent?

40 replies

user1495362060 · 12/03/2018 23:09

This is really more of what should I do thread. I would welcome some advice.

I am renting this house for two and a half years, since moving into this country. A year ago the landlord just stoped fixing things. There is a water damage to one of the outside walls and the bathroom ceiling and the glass door in the downstairs shower shattered one day. We let the agency know in writing. They arranged a quote. But nothing happened after that.

We continued living here because we just had a baby and didn’t want the hassle of moving house. But recently it was suggested to us that the type of paint used on our (peeling and damaged) bathroom ceiling can contain asbestos. We contacted the agency, they sent someone to take samples and they returned as affirmative. There is asbestos in this ceiling. This was two weeks ago.

We haven’t heard anything since despite writing letters and calling every day.

The problem is I don’t understand what are my rights under the law in this country. I really want to just stop paying rent and move out once I find a different accommodation. Or is it a bad idea and I should pay until I move out and just sue him afterwards? How do I know what sum to sue him for? Do I need a lawyer?

I am just feeling used very badly used by this guy. I also get the feeling that the laws in the uk offer very little protection to the tenant. Our lease currently has an option of two months notice and I am wondering if I can leave before this if I find a suitable house. In the other hand I am wondering if he can just give me notice himself without fixing anything, have me live with asbestos for these two months and get nothing for it.

OP posts:
Ginorchoc · 13/03/2018 08:46

Asbestos can be in toilets, sinks, vinyl flooring as well as paint, what grade is it? It should say in the report.

strawberrysparkle · 13/03/2018 08:53

If you withhold rent you are in breach of your contract meaning your landlord doesn't haven't to follow the contract either. Call shelter and never withhold rent

insancerre · 13/03/2018 08:57

The presence of asbestos in itself is not dangerous but it is if disturbed and the particles are breathed in

user1495362060 · 13/03/2018 08:59

Would you advise to contact the environmental health in any case - to get the record of the condition of the bathroom if I need to sue later? Or are there any downsides to it?
The only one I can think of is that when I rent a new property supposedly they contact my previous landlord/renting agency for recommendation and I’d rather not be in open conflict until I signed a new contract. Is this a valid concern?

OP posts:
user1495362060 · 13/03/2018 09:03

It’s just the white asbestos in the ceiling paint.
But peeling.
Who knows where else it is in this house

  • what I am concerned about is the disturbed paint that I can see shedding daily on my bathroom floor.
I am quite chill usually, but this while not sending me into a full blown panic mode is clearly out of order.
OP posts:
Medwaymumoffour · 13/03/2018 09:05

It could be your agents not the LL who is being unreasonable here.

Why aren’t they calling back? They are taking a massive cut of your rent and doing nothing. Do you have the LL address on your rental agreement? Send a letter to LL and agent saying the agents are not returning your calls and his house is rotting away in disrepair.

I hope you had a good check in inventory!

I live in a rented house and I rent my house. Out. I would not want my house to fall apart. My house has asbestos in but we had it checked and it’s fine if I damaged. If I get it removed the tenants would have to leave as it would need to be empty as it would then be unsafe due to dust and I would want the carpets ripped out to be sure. Personally I wouldn’t feel happy having tennents during that time. But that’s me

insancerre · 13/03/2018 09:05

Yes, contact your environmental health department and ask your landlord for a copy of the report
I would look for somewhere else to live, the landlord is not going to suddenly get better at maintenance

Gran22 · 13/03/2018 09:17

Don't stop paying rent. england.shelter.org.uk/housing_advice/repairs/complain_to_environmental_health_about_rented_housing

Good advice from Shelter.

specialsubject · 13/03/2018 09:18

Contact environmental health and do what you should have done ages ago, move on. Slumlords never get better.
You do need to keep paying, sorry.

Read how to rent on gov.UK as I doubt it was given to you.

Dragongirl10 · 13/03/2018 09:21

OP l am a Landlord.

It sounds like you have an appalling landlord, l suspect you will have ongoing battle with him to properly fix issues by past history.

Do not disturb the asbestos ceiling.

You must not stop paying your rent as you are legally bound by your tenancy agreement, he also is bound to keep the property in a good state of repair, if you stop paying rent you will have broken your agreement and will probably be evicted. Also you will struggle to get a reference needed for another rental property.

If you stay within your contract you will have all your rights intact, he will be in the wrong for not adhering to his side of the contract in a court of law.

My advice is continue paying the rent, give notice immediately in writing, then contact Shelter.org.uk to find out your rights in this situation....they will be able to advise you. Also google... tenants and asbestos... to find legal help if needed after speaking to shelter.

Below is information regarding a Landlords legal responsibilties regarding asbestos;

RESIDENTIAL LANDLORDS ASSOCIATION GUIDE TO ASBESTOS
Key Points

'' For all residential premises, whether houses or flats, a landlord may, depending on the circumstances, be liable to be prosecuted if anyone such as a tenant, resident, workman or visitor, is put at risk of being exposed to asbestos or is actually exposed to it. The landlord is under a duty to ensure that a risk assessment to assess the presence of asbestos and how to deal with it is carried out before any work, e.g. repairs, is undertaken. They can be prosecuted for failing to do so.
In addition to making sure that a risk assessment is carried out before any work starts, a landlord must use a competent contractor to carry out repairs or other work. Landlords cannot simply leave matters to contractors. A landlord still has his/her own responsibilities relating to asbestos. At the very least, landlords must check that a contractor is competent. Likewise, any information about the presence of asbestos known to the landlord must be passed onto the contractor. These basic requirements apply to small landlords but, because the dangers from asbestos are well known, this may not be enough, especially for larger landlords.
A landlord who is an employer or who is self-employed must ensure that the Control of Asbestos Regulations are complied with in the case of domestic premises, including common parts. Any contractor must also comply with them. These regulations require that a risk assessment is carried out before any work is started to see if asbestos is present and to ensure that appropriate precautions are taken to deal with any asbestos which is present.
Again with all residential premises, any landlord who commissions repair or construction work has to comply with CDM Regulations which include an obligation to notify the present of asbestos to any contractor where the landlord is aware of this.
Additional special rules apply to the common parts of non-domestic premises. This includes the common areas of blocks of flats and bedsits but these additional requirements do not apply to individual self contained units (e.g. flats) or to single dwellings. Whether or not work is to be done, the landlord is obliged to carry out investigation as to whether or not asbestos is present in the common parts and if it is there to monitor its condition as well as putting control measures in place. Anyone who may be at risk as a result (e.g. a contractor carrying out work) must be notified of the presence of asbestos. The measures must be kept under review, at least annually.''

Good Luck op hope that is helpful.

MiniEggMeister · 13/03/2018 09:42

Ring enviro health and see if they can come and look. Many many peoples ceilings have asbestos in them and its not an issue unless it's disturbed.

I'm not sure we've ever had asbestos in our paint in the uk though?

MiniEggMeister · 13/03/2018 09:43

In houses

specialsubject · 13/03/2018 09:48

Pre 1995 or so artex ceilings may contain asbestos.

MiniEggMeister · 13/03/2018 10:02

Yes. Op said the paint is peeling though which I don't think will have asbestos in it? so if its just the paint its probably fine. If the actual ceiling/artex is breaking up then that's a worry. But the fact the ceiling has asbestos in it isn't unusual op.

JustMarriedAndLovingIt · 13/03/2018 11:45

My old flat had serious issues with the electrics i.e we were getting electrocuted when we turned on the pull cord in the bathroom. Also, the bathroom and kitchen badly leaked water when it rained and the light fitting ‘fizzed’. We got environmental health round twice. Anyhow, the landlord wasn’t interested and gave me notice to do ‘extensive repairs’. Within 2 weeks there was someone living there and I know there were no repairs done as I go past there daily.

Anyhow, I called him out and told him he had broken his side of the contract by failing to maintain the property. He grumbled a bit but it saved me nearly a months rent. Try that.

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