Asbestos in the home

Asbestos fibres are found in roof tiles, wall panels, artex, floor tiles, cement fireplace surrounds, pipe lagging, airing cupboard walls, fuse boxes, rubbish chutes etc. Occupiers can disturb asbestos simply by drilling, decorating or sanding.

Asbestos fibres that are inhaled or swallowed will lodge in the body and may cause fatal cancers and asbestosis. These conditions often do not develop for many years after exposure.

The only two long-term treatments for asbestos are sealing the substance, and/or removing it and disposing of it safely.

Sealing off asbestos laden substances in places is cheaper, easier and more convenient than removal where the substances are part of the structure of the home. However, the only foolproof method of treatment is removal.

An occupier who finds asbestos in the home has several remedies at her/his disposal for dealing with the problem.

Escaping asbestos fibres constitute disrepair. Private tenants can enforce repairing action under the Repairing standard. Tenants who have a Scottish secure tenancy have rights under schedule 4 of the Housing (Scotland) Act 2001.

When carrying out repair works the landlord has a duty of care to members of the tenant's household and visitors in terms of the Occupiers Liability (Scotland) Act 1960.

In some situations it may be possible to argue that a statutory nuisance exists in terms of the Environmental Protection Act 1990. Local authorities have a duty to detect and investigate any statutory nuisance and should take action to abate it using the powers in the 1990 Act. It has been held that an accumulation of asbestos amounts to a nuisance. [1]

Alternatively, an individual who is aggrieved by the statutory nuisance can initiate proceedings in the sheriff court in an attempt to get the landlord to take action.