Renters' Rights Act 2025 and Asbestos: What Every UK Landlord Needs to Know
The Renters' Rights Act 2025 is now law. Phase 1 came into force on 1 May 2026. For landlords, the most significant asbestos consequence is the extension of the Decent Homes Standard to the private rented sector — making HHSRS asbestos hazard assessments directly enforceable for the first time.
What the Act Changes for Landlords with Asbestos
The Renters' Rights Act 2025 does not introduce new asbestos-specific legislation. What it does is extend the Decent Homes Standard to the private rented sector — and that extension has direct consequences for any landlord whose property contains deteriorating or high-risk asbestos-containing materials (ACMs).
Under the Decent Homes Standard, a property must be free from Category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Asbestos that is in poor condition, friable, or in a location where it is likely to be disturbed can be assessed as a Category 1 hazard. Before the Act, local authorities could act on Category 1 hazards in the private rented sector — but the enforcement framework was inconsistently applied. The Act strengthens that framework and gives local authorities clearer powers to issue improvement notices and prohibition orders.
The pattern we see most often in pre-2000 rental properties is asbestos that has been present for decades, is known to the landlord, and has been managed by leaving it alone. That approach is not inherently wrong — undisturbed asbestos in good condition poses minimal risk. The problem arises when the material deteriorates, when maintenance work disturbs it, or when a tenant reports it and the landlord does not act. The Renters' Rights Act makes the consequences of inaction more serious.
The Key Changes and Their Asbestos Implications
Decent Homes Standard extended to the private rented sector
High — direct enforcement riskThe Renters' Rights Act 2025 applies the Decent Homes Standard to private rented properties for the first time. Under the standard, a property must be free from Category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Deteriorating asbestos in a rented property can constitute a Category 1 hazard — meaning landlords now have a statutory obligation to address it, not merely a best-practice recommendation.
Expanded local authority enforcement powers
High — enforcement exposureLocal authorities now have stronger powers to issue improvement notices and prohibition orders where a property fails the Decent Homes Standard. This includes Category 1 HHSRS hazards. A landlord who has been informed of deteriorating asbestos and has not acted faces a substantially higher enforcement risk than before the Act came into force.
Abolition of Section 21 'no-fault' evictions
Medium — increased reportingWhile not directly related to asbestos, the abolition of Section 21 means tenants have greater security of tenure and are more likely to report hazards — including asbestos — without fear of retaliatory eviction. Landlords should expect an increase in formal hazard reports from tenants.
Landlord database (Phase 2 — not yet in force)
Watch — Phase 2 timeline TBCPhase 2 of the Act will introduce a national landlord database. While the database's scope has not yet been confirmed, it is expected to include compliance history. Enforcement actions related to asbestos hazards may form part of the compliance record.
What Landlords Should Do Now
The Act is in force. The steps below are not future-proofing — they are the current compliance baseline for any landlord with a pre-2000 property in the private rented sector.
Commission a management survey if you have not already done so
A management survey identifies all asbestos-containing materials (ACMs) in the property, assesses their condition, and assigns a risk score. For pre-2000 properties, this is the starting point for any asbestos management programme. Without a survey, you cannot demonstrate that you have identified and assessed the hazard — which is the first requirement of any enforcement defence.
Prepare or update your asbestos management plan
The management plan records all ACMs, their condition, the management actions to be taken, and the timescales. It must be reviewed and updated after each re-inspection. A current management plan is evidence that you are actively managing the hazard — the absence of one is evidence that you are not.
Inform tenants and contractors
Tenants and any contractors working on the property must be informed of the location and condition of any ACMs. This obligation exists under CAR 2012 Regulation 4 and is reinforced by the Decent Homes Standard. Failure to inform a contractor who then disturbs asbestos creates both criminal liability and civil exposure.
Act on deteriorating or high-risk ACMs
ACMs that are in poor condition, in a location where they are likely to be disturbed, or that have been assessed as high-risk must be managed actively — whether through encapsulation, enclosure, or removal. Leaving a known high-risk ACM in place without a management action is not a defensible position under the Decent Homes Standard.
Document everything
The survey report, management plan, re-inspection records, contractor information records, and any removal or encapsulation certificates should be retained for the life of the tenancy and beyond. Documentation is the primary evidence of compliance in any enforcement action or civil claim.
Residential vs Commercial: The Duty to Manage Does Not Apply to Residential Landlords
CAR 2012 Regulation 4 (the Duty to Manage) applies to non-domestic premises only. Residential landlords are not subject to it directly. However, the overlapping obligations under the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and the HHSRS — now reinforced by the Decent Homes Standard — create an equivalent practical obligation for residential landlords. The absence of a formal Duty to Manage does not mean the absence of legal risk.
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Frequently Asked Questions
What is the Renters' Rights Act 2025?
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Phase 1 came into force on 1 May 2026. The Act abolishes Section 21 no-fault evictions, extends the Decent Homes Standard to the private rented sector, and strengthens local authority enforcement powers under the Housing Health and Safety Rating System (HHSRS).
Does the Renters' Rights Act create new asbestos obligations for landlords?
The Act does not create new asbestos-specific obligations. However, by extending the Decent Homes Standard to the private rented sector, it makes existing HHSRS asbestos hazard assessments directly enforceable. A Category 1 asbestos hazard in a rented property is now a breach of the Decent Homes Standard, with local authorities empowered to issue improvement notices and prohibition orders.
What is a Category 1 asbestos hazard under HHSRS?
Under the Housing Health and Safety Rating System, a Category 1 hazard is one where the risk to the health or safety of occupants is serious. Asbestos that is in poor condition, friable, or in a location where it is likely to be disturbed can be assessed as a Category 1 hazard. The assessment uses a scoring system that considers the likelihood of exposure and the severity of the potential harm.
Does the Duty to Manage (CAR 2012 Regulation 4) apply to residential landlords?
The Duty to Manage under CAR 2012 Regulation 4 applies to non-domestic premises. It does not apply directly to residential landlords. However, residential landlords have overlapping obligations under the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and the HHSRS — all of which can be engaged by deteriorating asbestos in a rented property.
What should a landlord do if a tenant reports asbestos?
If a tenant reports suspected or known asbestos, the landlord should commission a survey or inspection promptly. If the material is confirmed as asbestos-containing and is in poor condition, a management plan should be prepared and the tenant informed. Ignoring a tenant's report is not a defensible position under the Decent Homes Standard or the general duty of care.
Does this apply to HMOs and houses in multiple occupation?
Yes. HMOs are subject to the same HHSRS framework as other rented properties. HMO licences already require properties to be free from Category 1 hazards. The Renters' Rights Act strengthens the enforcement framework that applies to all rented properties, including HMOs.
Asbestos Surveys and Management Plans for Landlords
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