Loose Asbestos Found on Renting Property (Poll)

LAjaksaidit on 21/04/2020 - 11:48

Hi all,

First time posting a forum… Here goes. I'm renting a house and was notified by the real estate agent that the owner wanted to remove the soil from the front garden of the house.

Seemed pretty odd so I dug a bit deeper, agent said they want to remove the first 50-100mm of soil and replace it later. Again very odd but I said I didnt have a problem with it as long as their were no health concerns I should be aware of (I actually wrote that).

Next day some guys show up and start picking up material just below the surface, some exposed to the surface. I ask them what they are looking for and sure enough its pieces of asbestos roughly 1-2 inches long.

Pretty concerned that there is loose asbestos in the soil as we spend a bit of time on the front balcony overlooking the garden, this is also the main access to the house. The owner has obviously known about this and is taking precautions to fix up the mess without trying to let anyone know what's going on.

My question is what should I do next? I feel there is a duty of care to residents in the case of a safe living environment and am wondering if I should push the owner for recompense. Would I have rented the house if I'd known it had an asbestos problem? Who knowns? If I'd had this knowledge would I have negotiated harder for my rent, very likely.

Poll Options expired

  • 33
    -Chill out do nothing, the owner doesn't owe you anything.
  • 6
    -Raise issue to agent and seek recompense (lower rent).
  • 14
    -Seek legal aid and see what options I have instead of asking strangers on a bargains forum.
Home & Garden

Comments

  • spackbace on 21/04/2020 - 11:52
    +7

    What did the property manager say when you asked them after you discovered it was asbestos…?

    • Ajaksaidit on 21/04/2020 - 11:56
      +1

      Agent said that the email from the owner mentioned it was low risk material…

      Just had the owner drop by and he said that they had done a full analysis of the property and listed other things including lead paint being used etc. The asbestos was categorized as high risk so they were acting on it. He said it was "bonded" asbestos but not sure how that can be if its in chunks on the ground.

      The property analysis wasn't shared with me prior to signing up to rent.

      • spackbace on 21/04/2020 - 11:57
        +5

        Raise your concerns with the property manager

        Don't go ranting about compensation. Just raise your concerns

        • Ajaksaidit on 21/04/2020 - 11:59

          Thanks for the feedback. Not the type to make a fuss either, cheers.

      • brad1-8tsi on 21/04/2020 - 12:41
        +3

        Bonded asbestos means it is still non-friable (can't be crumbled into smaller pieces). That's a relatively good thing.

        You should ask for the industrial hygenist's report, recommendated actions and a written plan of management.

        You should also ask to see the asbestos removalist's accreditation (lots of backyarders and under-certified workers) and Safe Work Method Statement and ask them what controls are in place to maintain your health and safety. EG: have they enclosed the area to prevent access by non-workers?

        I would also ask for copies of the disposal receipts as they may be dumping it illegally. I know it's not your problem but it makes you look informed.

        Do some reading:
        https://www1.health.gov.au/internet/publications/publishing.nsf/Content/asbestos-toc/$FILE/asbestos-feb13.pdf

        https://www.berniebanton.com.au/asbestos-awareness/about-asb…

        Stay very calm in your discussions. It's not the end of the world.

        A lot of the sites I manage have asbestos and it's all about the management and how the hierarchy of controls are implemented and maintained going forward. eg: We scraped and capped one of our picnic areas (football field size) about 5 years back. We have a maintenance task to inspect the area every 6 months for signs of migrating asbestos. We discovered another lot last year, so we picked the site clean, took away a few truckloads of suspected soil and recapped it.

        Agree with Spackbace. This isn't about compensation, it's about keeping you safe while the remediation is in progress and after it is finished.

        • Ajaksaidit on 21/04/2020 - 12:49

          Cheers! Will have a look.

      • Stewardo on 21/04/2020 - 18:24
        +1

        Bonded is hard pieces, not loose fibres used as insulation. I don’t think you have any worries at all unless you drill into, snap the pieces without a mask.
        If they cleaned it up you don’t need to worry.
        I fair amount of houses in you neighbourhood would have asbestos in them. Often gets buried in the yard and was often used as garden edges.

  • Euphemistic on 21/04/2020 - 12:07
    +2

    Bonded asbestos isn’t terribly dangerous unless it is broken up when dry. Assuming it is in the soil and the soil is damp it is not very dangerous. If you haven’t seen it On the ground then there is very low chance of it being a health risk to you, however it may be worth contacting the local work safe group to discuss if the removal guys are not wearing suits and don’t have the area barricaded. If this is the case it’s likely they are not disposing of it properly too which is a big problem.

    Removing the pieces then removing the soil and replacing sounds like the standard way to remediate.

  • CheapieChippie on 21/04/2020 - 12:20
    -1

    If they knew about it earlier then they most likely would have got rid of it before the start of the lease. Did you notice anyone come into your place and dump it? It might only have been placed there a few weeks or months ago and the property manager noticed something strange poking through the ground.

    Just be happy that they are trying to get rid of it now. Same with the lead paint. It just means that you shouldn't sand the paint down, not much you can do about it as far as I know.

  • Love a bargain on 21/04/2020 - 12:22
    +2

    I'm surprised they let you stay in your house while the removal is going on. That sounds risky.

    Besides, have much gardening have you been doing? Obviously, turning the soil/ digging increase the risk of the asbestos being disturbed.

    You might wanna use this opportunity to find out about everything else that's wrong with this place and if it is more than you are willing to live with, try to negotiate an early termination and move.

  • this is us on 21/04/2020 - 12:23
    +4

    Just Google it:
    https://www.tenants.org.au/factsheet-26-asbestos-and-lead

    Don't believe that landlord and RE will manage that as required. They will most certainly minimise the issue.

    https://www.rent.com.au/blog/asbestos-rental-property

    https://www.lettingaproperty.com/landlord/blog/asbestos-in-r… (UK)

    https://www.alllaw.com/articles/nolo/personal-injury/landlor… (US)

    Many (*not all) landlords have God complex and believe allowing you to pay to live in their properties is a favour. The results of this poll show precisely that.

    If there is evidence of asbestos at the property, I'd recommend you leave and be happy somewhere else. I had issues (leaking and mould) at the house I was living in, and moving out was the best thing I did. My chronic respiratory issues completely disappeared. The landlord, who had not approved the required roof repairs suggested by three different specialists, had to pay for the removalist and additional compensation when I left.
    Unfortunately, someone is probably living there and having respiratory issues without understanding the reasons for that. That's just criminal.

    • Ajaksaidit on 21/04/2020 - 13:11

      Thanks for your time!

      Interesting results so far but its all a matter of perspective and I've asked for public opinion so more just curious to peoples thoughts on it.

  • TheBilly on 21/04/2020 - 13:48

    There are no controls around bonded asbestos under 10m2, you just call a asbestos certified removalist and away they go.

  • Seraphin7 on 21/04/2020 - 13:51
    +4

    The key with asbestos is that it is not kryptonite. Seeing a piece of asbestos doesn't suddenly make you glow in the dark.

    Asbestos is dangerous when it turns into fine particles/powder, becomes airborne, and you breathe it in. If it is not in this state, sure you don't want to go mucking about with it and you need to have it dealt with by an appropriate professional, but it is of low risk.

    As others have suggested, you need to deal with the agent firmly, but professionally to fully understand the situation. From there you can make an informed decision. That decision make include attempting to renegotiate your lease, but let's be honest … it's either a problem or it's not and you need to consider your options accordingly … $20 a week off your rent doesn't suddenly make a health hazard go away. If that's the solution to your problem, it doesn't sound like you're viewing it as much of a problem.

  • Caped Baldy on 21/04/2020 - 14:42
    -2

    Asbestos is actually a naturally occurring material. You shouldn't be too fussed unless you (or kids or pets) are digging in the soil.

    The grass caps it underneath so it disperse in the air. You can also water it down if it gets dusty.

  • voteyes on 21/04/2020 - 16:42

    If you can get the 6 month covid-19 deal you should stay and then sue for damages later.

  • BertieBrown on 21/04/2020 - 17:26

    Here is some more information about asbestos. Based on what you’ve said, I’d imagine that if the asbestos has been under earth this time that your risk has been very low. Avoid touching it. Don’t pick it up.

    One option, though it would be overkill, would be to get a ground sprinkler head attached to a hose, with a timer that waters the area every day, or every few hours for a few minutes in order to keep the area well soaked. Alternatively you could get a tarp, some weights, place it over the area, and ask that the tarp be removed by the builder so you don’t have to touch it when they remove the asbestos.

    https://www.cancer.org.au/preventing-cancer/workplace-cancer…

    https://www.health.nsw.gov.au/environment/factsheets/Pages/a…

    https://ehs.oregonstate.edu/asb-when

  • whooah1979 on 21/04/2020 - 19:28

    ACM n the ground is perfectly safe.

  • [Deactivated] on 21/04/2020 - 22:22

    OMG! You looked at the asbestos?

    Worse still, you did it from a balcony. That's the worst way to look at asbestos. We have a saying at work when something is done for.

    "It's like it looked at asbestos from the balcony."

    Never, ever, ever look asbestos with your eyes. And if you have to look at the asbestos, whatever you do, never look at it from the balcony.

    • [Deactivated] on 22/04/2020 - 02:25
      +2

      Is asbestos the new Medusa?

      • try2bhelpful on 22/04/2020 - 07:34

        He will have to get a shield and reflect its gaze back on itself. Maybe it will turn into a lawn ornament.

  • jimdotpud on 22/04/2020 - 14:37
    +1

    I don't think you will be in much danger as from what I can tell from what you stated it was buried under earth all this time. What is a concern is that you weren't given the correct information from the owner or the agent and also given the opportunity for them to do the removal whilst you were away.

    We had an old asbestos clad shed in our back yard. we contracted an asbestos removalist to do the job and scheduled the removal, gave each adjoining neighbour the date and time of the removal, and stated it would best for them if they can be away "just in case".

    pity you were not given the same opportunity.

    essentially the real danger is from ingesting or inhaling the fibre particles when it is broken up. you should be fine, but still i'd have preferred to know beforehand what was going on

  • King Tightarse on 27/04/2020 - 19:37

    Thats a pretty strange situation really: broken asbestos in the front yard mixed up with the earth.
    I think the the back yard is more common with old sheds and fibro fencing being common.
    Was there an old super-six fence there that was broken up?
    Perhaps the owner stored broken up building materials there when renovating and was susequently required to remediate.
    Personally, I would not be at all comfortable with that situation. It may be 'bonded' where it is still held in the substrate but it's definitely not bonded at every broken edge and could potentually release fibres when moved.

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