Asbestos in a rental home: what ACT tenants need to know

What your lessor must give you before you sign

Before you enter a lease, your lessor must give you one of two documents about asbestos (section 12 of the Residential Tenancies Act):

• an asbestos assessment report, if one exists for the home and the lessor can get a copy with reasonable effort. It’s prepared by a licensed asbestos assessor and says where asbestos is, what type it is, what condition it’s in and how to manage it; or
• the ACT Government’s asbestos advice, if there’s no report. It’s a one-page notice saying a home built before 1990 may contain asbestos, and where it’s commonly found.

This applies to every new lease, not just older homes. If you didn’t get either document, ask for it.

Where asbestos is commonly found

The government’s asbestos advice names five areas to be aware of in homes built before 1990:

• the exterior of the home
• wet areas
• internal areas
• the backyard
• building cavities

Asbestos fibres are released when the material is damaged, drilled, cut or sanded, which is why the advice is to leave suspected asbestos alone and get it checked.

If you think there’s damaged asbestos

1. Don’t touch it. Don’t try to clean it up, cover it or remove it, and keep children and pets away.
2. Tell your lessor or agent in writing straight away. Say where it is and what’s damaged. Damaged material that could harm people may be an urgent repair: “a fault or damage likely to cause injury to person or property”.
3. Ask whether there’s an asbestos assessment report, and for a licensed asbestos assessor to check the material.
4. Only licensed removalists can remove it. WorkSafe ACT says asbestos removal in the ACT must be done by a licensed removalist. The ACT doesn’t allow the small-quantity unlicensed removal that some states permit.

If repairs are needed and you arrange an urgent repair yourself, tell the tradesperson about any asbestos report: anyone engaging a worker must let them know about known asbestos.

For general information, call Access Canberra on 13 22 81.

Loose-fill asbestos (Mr Fluffy) homes

Some Canberra homes had loose-fill asbestos pumped into their roofs as insulation. The ACT Government keeps a register of affected homes, updated quarterly.

• A lease for a registered home signed on or after 1 July 2020 is void. You can apply to ACAT for compensation for money you paid under it (section 64AC).
• For an older lease of a registered home, you can end the tenancy on at least 2 days’ written notice; the lessor must give at least 1 week’s notice (section 64AA).

Asbestos and changes to the home

Before you put up hooks, shelves or anything that means drilling, check whether the area could contain asbestos, and ask your lessor first in an older home. See changes you can make to a rental.