Asbestos is a naturally occurring mineral fibre that was used to build homes in Australia before 1990 and is still found in one-third of all Australian homes.
Living in a building that contains sealed asbestos in good condition is safe. Asbestos is dangerous when it is damaged, disturbed or deteriorating because the fibres can become airborne and are easily inhaled or ingested. This can increase a person’s risk of developing asbestos-related diseases, which can be fatal. The Queensland Government says the health risk is greatest for occupational workers with consistent exposure.
Asbestos legislation and codes of practice
Asbestos is managed and controlled by multiple statutes and codes of practice, which are administered by state government agencies and local councils.
You can view a complete list of statutes and codes on the Queensland Government’s asbestos website.
Asbestos in rental properties
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) doesn’t specifically mention asbestos. However, property managers/owners are responsible for ensuring the premises is fit to live in, is in a good state of repair and complies with all other health and safety regulations, including minimum housing standards.
Tenants/residents are responsible for notifying the property manager/owner of any maintenance and repairs in a timely manner.
For safety, property managers/owners and tenants/residents must not conduct prohibited activities (including the use of power tools and high-pressure cleaners) in properties that contain asbestos.
How to identify asbestos
Asbestos can be difficult to identify without professional testing.
If a tenant/resident suspects that their rental property has damaged, disturbed or deteriorating asbestos, they should contact the property manager/owner immediately. The property manager/owner may be able to confirm if the substance is asbestos or arrange testing.
There are specific laws designed to ensure that asbestos is handled, removed and disposed of safely. For more information, see the Queensland Government's frequently asked questions for homeowners and the general public.
Your options if there is damaged, disturbed or deteriorated asbestos
There are different options for tenants/residents if a rental property has damaged, disturbed or deteriorating asbestos. These options are provided as general guidance and are not applicable to all situations.
If a property manager/owner or tenant/resident requires further guidance or advice on specific options for their individual situation, they are encouraged to seek independent advice or learn more via the Queensland Government website.
1. Request routine repairs
If a tenant/resident requests routine repairs and these aren’t actioned they can then issue a Notice to remedy breach (Form 11) or Notice to Remedy Breach (Form R11). This notice provides the property manager/owner an opportunity to meet their obligations within a specific timeframe.
If the tenant/resident believes they have incurred expenses or lost access to the property or its inclusions due to the breach, they may choose to negotiate a rent reduction with the property manager/owner. Any agreed reductions must be documented in writing.
If the tenant/resident and property manager/owner can’t reach an agreement, the RTA’s free dispute resolution service may be able to help.
2. End a tenancy due to misrepresentation
If a tenant/resident believes a property manager/owner has provided false or misleading information about the rental property, they can apply for a termination order on the grounds of misrepresentation with the Queensland Civil and Administrative Tribunal (QCAT) within the first three months of the tenancy.
3. End a tenancy because the property is unliveable
If a property becomes unliveable, either party can issue a notice to end the tenancy immediately for non-liveability within 30 days of the property becoming unliveable.
- Tenants/residents can do this via a Notice of intention to leave (Form 13) or Notice of intention to leave (Form R13)
- Property managers/owners can do this via a Notice to leave (Form 12) or Notice to leave (Form R12)
Until a notice is given to end the tenancy, the tenant/resident is responsible for paying rent even if they must leave the property.
4. Stay in an unliveable property while it’s repaired
If a property becomes unliveable, the tenant/resident can request to stay in the damaged property while any emergency repairs are carried out but health and safety requirements must be considered when making decisions.
The tenant/resident may also choose to negotiate a rent reduction with the property manager/owner. Any agreed reductions must be documented in writing.
5. Leave an unliveable property temporarily while it’s repaired
If a property becomes unliveable, the tenant/resident can request to continue the tenancy and live in alternative accommodation while any emergency repairs are carried out.
The tenant/resident may also choose to negotiate a rent reduction with the property manager/owner. Any agreed reductions must be documented in writing.
More information
If a property manager/owner or tenant/resident is concerned about the presence of asbestos, they can visit the Queensland Government’s asbestos website or call the Queensland Government’s Asbestos Information line on 13 74 68.