What If Your Landlord Refuses To Do An Asbestos Test In Sussex

Asbestos is a material that is present in many properties and buildings, particularly those that were constructed before the year 2000. The material was extensively used in the construction industry for its insulating and fire-retardant properties. Though, it is now known as a carcinogen and is associated with several health hazards. Asbestos-containing materials (ACMs) pose a serious risk to human health, particularly when they deteriorate or become disturbed. Inhaling asbestos fibers can cause severe respiratory problems, asbestosis, and cancer, particularly mesothelioma - an incurable cancer.

The Control of Asbestos Regulations 2012 (CAR 2012) requires all landlords and property managers to carry out an asbestos survey to identify and manage asbestos within their properties. This survey is essential to determine the presence of asbestos, the type of asbestos, and its condition. Asbestos testing in Sussex is a legal requirement, and all property owners have a duty to ensure that their premises are safe and habitable.

However, in some instances, a landlord may refuse to conduct an asbestos test. In this case, tenants may feel uncertain of their rights and the steps they can take to ensure their safety.

At Affordable Asbestos Removal Sussex, we are an asbestos testing and removal company in Sussex who can help. We have a team of qualified and experienced professionals who can carry out an asbestos survey on your behalf. Our aim is to provide you with the knowledge and tools to manage any ACMs in your property safely.

The Duty Of Landlords

Under the Health and Safety at Work Act 1974, landlords have a general duty of care to ensure properties are safe for habitation. This duty extends to ensuring that the property is free from hazards and risks to occupiers' health and safety. Landlords must, therefore, ensure that a property is free from asbestos-containing materials, or if they are present, that they are safely managed.

The Housing Act 2004 also includes a duty on landlords, known as the 'fitness for human habitation' condition. The act requires landlords to ensure that the property is fit for human habitation, free from hazards, and suitable for residential purposes. Therefore, landlords have a legal responsibility to ensure that their properties do not contain any hazardous materials such as ACMs.

The Risk Of Asbestos

The Health and Safety Executive (HSE) estimates that 1.5 million commercial and industrial properties in the UK may contain asbestos. Asbestos was used extensively in the construction of properties and buildings until its ban in 1999. It is often found in insulation, ceiling tiles, roofing, and flooring materials. ACMs can pose a significant risk to tenants' health, particularly when they become damaged or disturbed. Inhaling asbestos fibers can lead to severe respiratory problems, including cancer, asbestosis, and mesothelioma.

What To Do If Your Landlord Refuses To Carry Out An Asbestos Test

If your landlord refuses to carry out an asbestos test, you should take the following steps:

1. Gather Information About Asbestos

It is essential to understand the risks associated with asbestos and the potential health hazards it poses to tenants. You can gather information about asbestos from reputable sources, including the HSE, the local authority, and asbestos testing companies in Sussex.

2. Write A Formal Request For An Asbestos Survey

Contact your landlord in writing, formally requesting an asbestos survey on the property. In your request, detail the reasons for your concern and the potential risks involved. Include reference to the legal duties of landlords under the HSE and The Housing Act 2004.

3. Seek Legal Advice

If your landlord refuses to take action, seek legal advice from a solicitor who specializes in housing and property matters. Your solicitor may be able to use the threat of legal action to persuade the landlord to comply with their legal obligations.

4. Contact Specialist Asbestos Testing Companies In Sussex

If your landlord refuses to conduct an asbestos survey, contact a specialist asbestos testing and removal company in Sussex. An asbestos survey will be carried out by professionals who can identify whether or not there is asbestos in your property. Affordable Asbestos Removal Sussex can carry out a thorough asbestos survey on your landlord's behalf.

The Benefits Of Asbestos Testing In Sussex

Carrying out an asbestos survey on your property will provide you with several benefits, including:

1. A Safer Living Environment

An asbestos survey will identify any ACMs in your property, allowing you to take action to manage them safely. This makes your property a safer living environment for you and your family.

2. Legal Compliance

Landlords have a legal obligation to ensure that their property is safe and habitable. An asbestos survey will provide evidence that the landlord has fulfilled their legal duty, ensuring compliance with the Housing Act 2004 and other relevant regulations.

3. Peace Of Mind

Knowing that your property is free from hazardous materials such as asbestos provides peace of mind, making the property safer and more habitable.

Conclusion

Asbestos is a dangerous material and can cause severe health problems if inhaled. Property owners and landlords have a legal obligation to ensure that their properties are free from ACMs, and if they are present, that they are managed safely. If your landlord refuses to carry out an asbestos test, you can take action by seeking legal advice, contacting an asbestos testing company in Sussex, and filing a formal request. Affordable Asbestos Removal Sussex is a professional asbestos testing and removal company that can help ensure your safety and peace of mind. Contact us today on 01273 978238 or visit our website at affordable-asbestos-removal-sussex.co.uk to arrange an asbestos survey on your property.