Asbestos is common in rental properties built before 1990. The Residential Tenancies Regulations 2021 and the Residential Tenancies Act 1997 set out obligations for rental providers around disclosure, maintenance and repairs.
If you’re a rental provider
Disclosure: You must disclose known asbestos to a prospective renter who asks. If asbestos has been identified by a qualified professional, you must disclose it whether or not you’re asked.
Maintenance: You have a duty to maintain the property in good repair. If asbestos materials are damaged, deteriorating or making the property unsafe, you must address it. This may qualify as an urgent repair under the Residential Tenancies Act 1997.
Removal: If asbestos needs to be removed, use a licensed removalist. Once someone is engaged to do the work, the property becomes a workplace and OHS laws apply.
Don’t try to seal or paint over it: coating asbestos materials masks the problem and makes future removal harder.
Inform your renters: if you know asbestos is present, tell your renters where it is and what to avoid disturbing.
If you’re a renter
Ask about asbestos before signing a rental agreement. Your rental provider must disclose known asbestos if you ask. If a qualified person has identified asbestos in the property, your rental provider must disclose it whether or not you’ve asked.
Don’t disturb it: don’t drill, sand, cut or use high-pressure water on materials that may contain asbestos.
Report damage: if you notice cracked, damaged or deteriorating materials that may contain asbestos, immediately notify your agent or rental provider. This may qualify as an urgent repair.
If your rental provider doesn’t act, contact Consumer Affairs Victoria for advice on your rights, or contact your local council environmental health officer.