In a ruling (judgement of 17 January 2018), the Berlin Regional Court stated the following:
"If materials containing asbestos had actually been installed in the flat", the housing association had to know this as the owner and builder of the property, the judges stated. As a professional landlord, Degewo had to assume after the ban on building materials containing asbestos in 1993, but at the latest with the adoption of the asbestos directive in 1996, that "building materials containing asbestos could pose specific health risks to tenants if they were damaged".
If a landlord does not inform his tenants about the presence of asbestos in the flat, this constitutes a breach of the duties of safety, protection and care. The tenant can demand compensation.
Berlin Regional Court sees procedural defect
A tenant sued the state-owned Degewo, as it should have known about the asbestos hazard when she moved into her flat in 1980. She wanted the court to find that the landlord was liable to pay compensation for damage that had already occurred and for future damage. Unaware of the asbestos risk, she had chopped up and disposed of panels during a renovation. Broken Floorflex panels were still present in the flat.
The local court dismissed the claim because the tenants had not provided any evidence of asbestos contamination. However, the Berlin Regional Court considered this to be a gross procedural violation. An expert report is to clarify whether Floorflex panels and adhesives containing asbestos were actually used.
Degewo: "We have been taking the issue of asbestos very seriously for years"
Since the amendment of the building regulations in 2013 (in time for the 20th anniversary of the nationwide asbestos ban?), tenants have been informed about the problem "several times".
We found out how seriously Degewo really takes the issue of asbestos. here documented.
Update (20/01/2020):
Paul Lichtenthäler confirmed to ARD:
"That's - with asbestos I always think it's a question of balance between causing hysteria or panic or unrest, let's call it unrest or sensible information. If I tell people to leave the floor alone, don't drill holes in the wall, please stick to it, because, well, if you keep to that, then you can live there safely. Then I think that's honestly enough."
Paul Lichtenthäler, DEGEWO Press Spokesman - Source: https://www.rbb-online.de/kontraste/archiv/kontraste-vom-16-01-2020/1.html
Source: Berliner Zeitung