Asbestos and renting: tenants and landlords by state

General information, not legal advice. Tenancy rules are set by each state and territory; check the official page for yours before relying on anything here. The national agency keeps a list of the organisations in each one that deal with asbestos.

What each place says

National

The national agency’s guidance

The agency says landlords’ asbestos laws differ across Australia, and that landlords must make sure any work at the property is done safely. Agents and property managers in every state and territory are legally bound not to give false or misleading information, and if a renter asks about asbestos, the agent must disclose it if they know.

It also says landlords need to keep an eye on the condition of asbestos materials and tell renters how to stay safe. Its fact sheet on disclosure for renters and landlords sets out each state’s and territory’s requirements; it is linked from the agency’s page for landlords.

New South Wales

NSW Fair Trading

Before a tenancy agreement is signed, a landlord or agent must not knowingly hide certain “material facts”, which NSW Fair Trading describes as important information that may affect a prospective tenant’s decision. One of them is that the property “is listed on the loose-fill asbestos insulation register”.

If landlords or agents break these rules, the tenant can end the tenancy, either by giving a termination notice or by applying to the NSW Civil and Administrative Tribunal.

Queensland

Queensland’s asbestos guidance

Queensland’s guidance starts calmly: many houses built before 1990 contain asbestos materials, and that is not a problem if they are in good condition. If asbestos in a rental home is damaged or is to be removed, “it is usually the landlord’s responsibility or that of their agent’s to make it safe”, and “The landlord must ensure the rental property is kept in good repair and fit for the tenant to live in.”

For a damaged boundary fence, the guidance says repair may fall under the tenancy agreement; the tenant should tell the landlord or agent and ask for it to be made safe, and if it is not, may notify them that they have breached the agreement. The Residential Tenancies Authority can advise on giving notice. The rest of what to do about a damaged fence is on Queensland’s page for tenants and landlords.

Victoria

Victoria’s asbestos site

A tenant can ask about asbestos before signing, but Victoria’s guidance notes the landlord is not required by law to have that information. It adds that asbestos generally poses little risk to health when it is in good condition and undisturbed.

If a rental is in disrepair, such as a wall that may contain asbestos in poor condition, the guidance says it should be checked for asbestos and, if asbestos is present, treated as an urgent repair. The first contact is the landlord or agent; if that does not resolve it, the local council’s environmental health officer. The page was last updated on 18 October 2022.

Reading a report on a rented home

A renter reads a report for one thing above all: whether anything they live beside is damaged or likely to be disturbed. The condition and location lines answer that. Queensland’s and Victoria’s guidance above both treat material in good condition, left undisturbed, as low risk.

Everyday jobs count as disturbance. The national agency’s advice to householders is to be aware of asbestos before any repair or improvement, even drilling into a wall to put up a shelf. In a rental, that is a question for the landlord or agent first.

The agency suggests that a change of residents is a good time to check where asbestos materials are and what condition they are in. For a landlord, a report is one way to make that check, and its friability lines say who could remove anything that needs to go.

Before anyone works on it

The national agency says it is “not recommended that you handle or remove asbestos yourself”, and in some places the law goes further: in the Australian Capital Territory any removal needs a licensed removalist, unless it is part of minor routine maintenance or other minor work, and in Queensland a home owner must be trained before taking out more than 10 square metres of non-friable material, and only a removalist holding a Class A licence may remove friable material. The agency adds that, even if you follow every safety step, hiring a licensed asbestos removalist who is trained, insured and equipped for the work is much safer and easier. It explains that non-friable asbestos can turn dangerous if it is disturbed, damaged or deteriorating, and it cites the World Health Organization’s position that no safe level of exposure to asbestos is known.

For asbestos in the home, the agency lists things you must never do when working with or removing asbestos materials: cut, drill, grind or sand them with power tools such as angle grinders, circular saws or electric sanders; clean them with high-pressure water or compressed air; dry-sweep the dust with a broom; or use a household vacuum cleaner on it, even one with a HEPA filter. It also warns never to use high-pressure water or any abrasive process, such as scrubbing, sanding or grinding, to clean an asbestos-cement roof or any other asbestos material. Queensland’s guidance for home renovators adds: do not “saw, sand, scrape or drill holes in asbestos materials”.

The same list says asbestos waste never goes in a household rubbish bin. Where it may go is set by each state and territory. In New South Wales, the NSW EPA says only to a landfill licensed to accept it. In Queensland, the state’s asbestos site says to a landfill that can lawfully take asbestos waste, usually one run by the local council. In Victoria, EPA Victoria says to a landfill authorised to receive it. For other states and territories, the national agency keeps a list of the organisations in each one that deal with asbestos.

A landlord who holds a report on a rental, or is weighing whether to commission one, can ask an asbestos professional, who the national agency says can assess a home and give guidance on how to manage the risks.