|
|
|
|
 home
|
 about
|
 community (4177)
|
 forums
|
 events
|
 news
|
 documents (248)
|
 aTV (23)
|
 wishlist
|
 field agent
|
|
| getting started | back to forums | back to Support / Help | ||||||||||
|
||||||||||
| Asbestos Questions 3 replies 4 voices |
|
Jessica McDonald
on Jan 12, 2012 11:22am
Property Manager LJ Hooker Hamilton NSW |
|
|
Hi guys, I am sure that we are all aware of the ‘Material Fact’ clause in the new legislation. Its fairly clear cut with disclosing fire damage/violent crimes etc. I have just been contacted by one of my tenants jumping up and down about why I didnt tell her that there was asbestos in the roof of the property. Upon contacting OFT they advised me that it was a bit of a grey area. It shoudl be disclosed before they move in as part of the lease, BUT its usually safe as long as it is not disturbed. The main reason I didnt tell her was beacuse she moved in before I started working here =p. But she raises a good point. The regulations [Reg 7 (b)] state that we must disclose if “the residential premises are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the premises”. Asbestos could almost certainly fall under this heading So basically my questions are a) because she signed under an old lease not under the new legislation is this a major issue? b) most houses in Newcastle would have been built with asbestos. Common sense should apply here, but legally am I obliged to now inform all my new (and current?!) tenants in writing that there may be asbestos? c) IS this grounds for tenants to leave the property or seek reimbursement from the landlords should they so desire because I have not disclosed it? Any suggestions or help would be greatly appreciated!!! |
||
|
Franc Vaccher
on Jan 13, 2012 8:52pm
|
|
|
Jess, I would say ‘no’ – the owner hasn’t advised there is asbestos on site, they have not provided an asbestos report/test etc, the material is on the roof and inaccessible. |
||
|
Gerri Keays
on Jan 16, 2012 1:24pm
Professional Development Executive Ray White Group Melbourne Victoria |
|
|
It’s my understanding that any property that was built in Australia after 1983/1984 should not have been built with material containing asbestos, as it was at this time that asbestos ceased to be used in cement sheets and other building materials. However if a property has been constructed out of off cuts from an older building after this date or if there are any out buildings, such as a old garage, there may still be a problem. Usually the presence of asbestos will be noted in a Vendor’s Statement if the property has recently been sold or on the market but if the property hasn’t been sold for many years then there is really no way of knowing. |
||
|
|
Clint A
on Jan 16, 2012 4:14pm
Property Manager Theo Poulos Real Estate Katoomba NSW |
|
|
If the owner of the property has not made you aware and it was not apparent to you upon reasonable inspection then there is no reason for you to disclose it. From now on I would as you have been made aware. b) I would not be writing to all your tenants saying their MAY be asbestos in the property but definitely confirming with the owner about these things prior to new tenancies beginning. We use a Marketing Assistance form for owners to complete with new managements or between tenancies on old managements that covers all of this. c) I think that it would only be grounds for the tenants to seek termination and reimbursement if you were in anyway misleading or that they can prove to a tribunal member that the material is in a hazardous/unsafe state. |
||