Asbestos Survey / Report

[tmouse]

Tennant has requested an Asbestos Survey/Report be compiled.
With new H & S rules regarding Asbestos commencing April 2016, who pays The Tennant or the Landlord ?

[artemis]

Is there known to be asbestos in the property? Just wondering what has triggered the request. That might determine who pays for the lab test. For example, if there is known asbestos and health issues that may be related, that sounds like the landlord. If no known asbestos and a hypochondriac tenant - may be a different story.

I think a lab test is fairly inexpensive as a starting point, but if an issue is found more extensive testing and reporting would probably be indicated, with the cost escalating. If needed, removal is not cheap now and probably a bit more expensive after next April.

Not an expert but believe that asbestos is not a hazard if it is stable and remains undisturbed. If a test shows there is unstable asbestos then the landlord will be expected to resolve this. The Tenancy Tribunal would probably agree. Big bucks.

I thought the new rules relate to tightening up who can do removal. Are the rules more extensive?

[tmouse]

Nationwide Company.
They requested reports for all their premises
No asbestos found,so all good
Who settles the bill?

[Wayne]

How big is the bill?
Is it really worth arguing about?

[samasbestosnz]

Tennant has requested an Asbestos Survey/Report be compiled.
With new H & S rules regarding Asbestos commencing April 2016, who pays The Tennant or the Landlord ?

Hi all

The Health and Safety at Work Act and supporting regulations (still being developed) require the PCBU (Person Controlling the Business or Undertaking) to identify all asbestos containing materials in a premise or building they manage or control. It is worth noting that domestic dwellings aren't generally covered by the HSW Act.

However, once a contractor or worker visits to conduct works ie. running electrical cables, pipes, etc. then they and the tenant would be covered under the HSW Act. Managing asbestos risks could be a joint responsibility between the landlord, asset manager, owner (if not landlord), the employee and the employer. Eg. If the Act and regulations aren't complied with all parties could be in the dock. Be clear in your contractual documents who is responsible for what, but understand this may not abrogate you of your obligations.

Given that Australia and the UK have seen large portfolio holders such as asset management companies, local council housing stock and private landlords undertake asbestos risk management surveys, I can see this becoming the future standard in NZ.

As a minimum it would be useful for persons who manage domestic dwellings to have an asbestos management strategy in place, how will you manage contractors, how do you ensure they aren't exposing tenants to asbestos fibres during works, what controls and training do your contractors have, be diligent and proactive don't bury your head in the sand.

Asbestos surveys of domestic properties need not be an expensive affair, typically with 3-4 samples included you should be able to get a report for $300-500, possibly for larger projects you may get heavily discounted rates.

I hope this helps, happy to answer any further queries.

Thanks
Samantha