Rental property asbestos: Your rights and steps

Questioner

Ir/Madam, The housing association will soon be carrying out major maintenance and energy measures on the rental properties, during which the asbestos-containing roof boarding will be removed at the same time. The housing corporation states in a letter: “As is known, asbestos is present in some places in the homes. During a previous renovation, this asbestos was partially removed, but the asbestos-containing roof boarding remained. When the home was sold, you were informed of this by the Housing Corporation. The Housing Corporation is now striving to remove this asbestos at the same time as the major maintenance.” I bought my rental property from the housing association in 2007, but I was not told anything about asbestos at the time and the following is stated in my deed of sale under “Seller's Declarations”: “The Seller is not aware of whether asbestos has been incorporated into the Item Sold” The housing corporation offers the opportunity for owners of owner-occupied homes to participate in major maintenance work involving the removal of asbestos, but this comes at a hefty price of approximately €13,000.00. Although participation is voluntary, I am still shocked by the fact that there is asbestos in the house and that this was not discussed during the sale. My question to you is what steps can I take and what can I expect from the housing association.

Lawyer

If you can demonstrate that you were not informed by the housing corporation (seller) about the presence of asbestos during the sale, that you did not receive the letter to which the housing corporation refers, you can sue the housing corporation on the basis of the provision in the purchase agreement. The burden of proof in this case lies with you, you must demonstrate the above. In that case, the housing corporation has made an incorrect statement in the purchase agreement. The cause of this (e.g. the estate agent did not word it correctly in the purchase agreement) is up to the housing corporation, you do not have to demonstrate. Your claim lies in the fact that, based on the information known to you and the content of the purchase agreement, you did not have to or should not have known that there was asbestos in the home. The removal of this is therefore not at your expense but at the expense of the housing corporation. Incidentally, this remains difficult to prove. If the housing corporation rejects your claim for liability and you still want to continue your claim, it is best to contact your legal expenses insurance or engage a lawyer.