What requirement is there for landlords to inform tenants of the presence of asbestos in a house?
There is no formal requirement on landlords to inform tenants of the presence of asbestos or do anything about it unless it is such that they should reasonably have been aware of it and it is a real threat to the tenants’ personal safety. The Defective Premises Act 1972 puts a duty of care on the landlord to take such care as is reasonable in all the circumstances to see that tenants and other people are reasonably safe from personal injury or disease caused by a defect in the property. The Landlord and Tenant Act 1985 implies into all tenancies a condition that the rented property is fit for human habitation at the start of the tenancy and an undertaking that the landlord will maintain that standard throughout the tenancy. A property shall only be regarded as unfit for human habitation if it is so defective that it is not reasonably suitable for occupation.
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