The situation is a little different in the Australian Capital Territory because of the MR Fluffy asbestos scare. Landlords are required to provide an asbestos assessment report, failing that, an asbestos advice under the Dangerous Substances Act 2004. But how is this provision to be enforced if the tenants simply aren't aware?
One concerned tenant wrote in wanting to tell his story and warn over tenants. He has dobbed in John Serafini (company name, Serafini Chains) in Bowen Hills, Queensland.
Myself and my wife have been living in a rental property under a cash arrangement for 2 1/2 years in Bowen Hills. We had a cupboard where we have kept our pots, pans, things we use to put food in for the time we have lived here.
We recently became aware that the broken sheet inside the cupboard is made of asbestos. Small pieces of this same broken sheet are dropping from the underside of the floor on to the garage floor under the flat we live in. There is a good chance that this broken sheet would have been touching things we eat from, I also replaced the bench top above it possibly exposing myself further.
I have been in contact with the asbestos-related disease society and submitted exposure forms for me and my wife. To reduce future incidences of asbestos-related disease in the Australian community, something needs to be done.
I believe that me and my wife have been exposed to asbestos or at least put at risk by it. What about the next tenant here? These owners wouldn't pay for anything to be fixed even if they did have the money. We are vacating the rental and don't want others to have the same problem and potential exposure to a banned and known cancer-causing product.The author of this blog post is not an expert in asbestos, so she contacted the Asbestos Council of Victoria:
On the info you have given me, it is hard to say what exposure the family has had – but probably there is exposure – how much? – anyone’s guess. Will they get sick from the exposure? There is no way to know or quantify that. They may never get anything wrong with them. It is Russian Roulette with exposure to asbestos fibres. Of course the more exposure you get the more chances you are taking. You should never allow yourself to be exposed it is the only way to make sure you never present with an asbestos-related disease.
Of course in saying that I do know of cases where someone who had had only a small known exposure had contracted mesothelioma. God willing they will all be okay. As for the rental place, the owner has a duty of care to make sure that the place is safe to rent and asbestos that is broken or old and deteriorating needs to be taken care of in a rental situation. Asbestos cement sheet that is in good condition and painted and sealed is not a problem. If the house is with a real estate agent the agent needs to make sure the owner has done his duty of care in keeping the house in good condition.So we can't know for sure in this situation, but the best thing to do is avoid asbestos as much as you can.
Should landlords be criminally charged if they lease properties which are known to be infected with asbestos? This was happening before the ACT Government decided to release the addresses of all Mr Fluffy homes.
If tenants are being exposed to asbestos, this is a massive health risk and should be dealt with appropriately.
Tenants would be better protected if inspections were mandatory and landlords were prohibited from leasing asbestos-infected properties to unsuspecting tenants. They should be responsible for paying a licensed assessor if asbestos is later suspected and for compensating tenants for moving costs.
If you think you have
been exposed to asbestos, you can
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