All Topics / Legal & Accounting / Leasing a property with asbestos

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  • Profile photo of DirtydanDirtydan
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    @dirtydan
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    I have a property with cement sheet roof   Do I have any legal obligations if I lease the property. Do I require an safety audit or similar 

    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
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    Only if it is a workplace.

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
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    A SNM mentioned no requirement at all if it is your PPOR or an IP but might find some Tenants have a concern about it.

    That is assuming they even realise it is asbestos.

    Cheers

    Yours in Finance 

    Richard Taylor | Australia's leading private lender

    Profile photo of moxi10moxi10
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    There is a very high probability that a house with asbestos in the roof sheeting will have asbestos elsewhere. Eaves for example?

    Profile photo of Richard TaylorRichard Taylor
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    Think we all agree there Moxi but still doesn't change the legal obligations if you rent the property out.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of AlasdairAlasdair
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    Article by the Cancer Council of Western Australia….

    http://www.cancerwa.asn.au/resources/2010-07-26-Howat-presentation.pdf

    About one third of houses (and most public buildings) built in Australia between the years 1945 and 1980 have asbestos. That equates to just over 1 million homes in Australia with asbestos.

    Profile photo of Scott No MatesScott No Mates
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    I'll also add that common areas of strata buildings also are deemed workplaces and will need an asbestos survey carried out for the body corporate & provided to contractors working on the common areas,

    Profile photo of jamesnwardjamesnward
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    @jamesnward
    Join Date: 2013
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    Its best to have a hygienist such as Heggies check it out and give a report to the state and safety of the sheets.

    I had a tenant 2 years ago take action against an owner over some fibro found in the back yard 4 foot underground and the owner spent around $3800 to have the pieces tested  as well as the soil, when the report come back as safe, the matter was thrown out of the CTTT. If you have a legal report that it is safe then you have met your obligations but should always have it checked on

    Profile photo of Paul DobsonPaul Dobson
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    Hi Dan

    There is also an interesting interaction between building and contents insurance when a property contains asbestos.  Have a blog at our blog post at:  Click Here

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    marks07
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    @marks07
    Join Date: 2013
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    I just had a repair done where there was Asbestos in the bathroom, toilet & laundry. I needed to fix the bathroom so I had it removed from all these rooms.

    The key is safety. If you have electrical wire hanging from the ceiling or a pier of bricks loose from the house, both of these need to be rectified or you could be liable. If the Asbestos is friable (ie. breaking up or loose), it is considered un-safe.

    There is an interesting ATO tax ruling about a shed being removed and replaced because it was asbestos. This was allowed to be deducted as an expense (repair) rather depreciated (renovation). This has been taken that you can remove asbestos and replacement with similar modern equivalent as a repair as it is a safety issue by other accountants.

    I'll be working this through with my accountant later in the year.

    I do know of investors looking for asbestos in houses to add value but also the expense deduction

    You should investigate if the roof replacement for metal could be a repair.

    Cheers.

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