Legionella - Information for Landlords and some Myth Busters!
You may have heard in recent months of new requirements for landlords to have legionella risk assessments carried out at their rental properties. The aim of this blog article is to advise you on legionella and on how to fulfil your obligations as a landlord. The information provided here is, where indicated, all referenced from the HSE Website www.hse.gov.uk
You may have heard in recent months of new requirements for landlords to have legionella risk assessments carried out at their rental properties. The aim of this blog article is to advise you on legionella and on how to fulfil your obligations as a landlord. The information provided here is, where indicated, all referenced from the HSE Website www.hse.gov.uk
What is Legionella and what are the risks?
Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable (e.g. suitable temperature range, aerosols, water stored and/or recirculated,
'food' for the organism to grow such as rust, sludge, scale,biofilm etc.) then the bacteria may multiply thus increasing the risk of exposure.
http://www.hse.gov.uk/legionnaires/legionella-landlordsresponsibilities.htm
Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable (e.g. suitable temperature range, aerosols, water stored and/or recirculated,
'food' for the organism to grow such as rust, sludge, scale,biofilm etc.) then the bacteria may multiply thus increasing the risk of exposure.
http://www.hse.gov.uk/legionnaires/legionella-landlordsresponsibilities.htm
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| Shower Heads can harbour legionella |
The Law
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
There are the Regulations and there is a Code of Practice. The regulations are:
Section 3(2) of the Health and Safety at Work Act 1974
Control of Substances Hazardous to Health Regulations 2002
Section 3(2) of the Health and Safety at Work Act 1974
Control of Substances Hazardous to Health Regulations 2002
The Code of Practice:
The best means of compliance is to fulfill the requirements of the L8 Approved Code of Practice; ie conduct a formal risk assessment. However, bear in mind that this Code of Practice covers a wide range of circumstances and not just rental properties. In fact, rental properties form only a very small
subject area and domestic systems are generally considered to be low risk.
The best means of compliance is to fulfill the requirements of the L8 Approved Code of Practice; ie conduct a formal risk assessment. However, bear in mind that this Code of Practice covers a wide range of circumstances and not just rental properties. In fact, rental properties form only a very small
subject area and domestic systems are generally considered to be low risk.
You can read the Code of Practice here:
http://www.hse.gov.uk/pubns/books/l8.htm
http://www.hse.gov.uk/pubns/books/l8.htm
Proudhouse feel the best advice can be provided by dispelling a few myths which are being bandied around by agents and landlords:
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| A combination hot water cylinder. |
Myth busters
Myth 1: A written legionella risk assessment is a legal requirement for rental properties. Not strictly true! However, it is the best (and probably only) way of demonstrating compliance with the regulations.
Myth 1: A written legionella risk assessment is a legal requirement for rental properties. Not strictly true! However, it is the best (and probably only) way of demonstrating compliance with the regulations.
Myth 2: Only a qualified risk assessor can undertake a legionella risk assessment. Not true! In fact HSE guidance specifically states the following: “Most landlords can assess the risk themselves and do not need to be professionally trained or accredited”
Myth 3: Risk assessments are a necessary expense. Again, the HSE website advises to the contrary: “In most cases, the actions landlords need to take are simple and straightforward so compliance does not need to be burdensome or costly.”
Myth 4: A legionella risk assessment requires technical knowledge of plumbing and water systems. Not really! HSE guidelines state:
"For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised ie keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella
include:
"For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised ie keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella
include:
- Flushing out the system prior to letting the property
- Avoiding debris getting into the system (eg ensure the cold
- Water tanks, where fitted, have a tight fitting lid)
- Setting control parameters (eg setting the temperature ofthe hot water cylinder (calorifier) to ensure water is stored at 60°C)
- Make sure any redundant pipework identified is removed."
Myth 5: A risk assessment needs to be carried out every year. Not true! HSE guidelines state the following:
“The law does not prescribe that the risk assessment be reviewed on an annual or biennial basis. It is important to review the assessment periodically in case anything changes but where there are difficulties gaining access to occupied housing units, appropriate checks can be made by carrying
out inspections of the water system, for example, when undertaking mandatory visits such as gas safety checks or routine maintenance visits”.
Myth 6: A landlord is legally required to keep records for 5 years. Again; HSE guidance is very helpful here: “Landlords are not necessarily required to record the findings of the assessment (this is only a statutory duty for employers where there are five or more employees), but they may find it
prudent to keep a record of what has been done for their own purposes”.
What does Proudhouse advise?
The reason why we have highlighted the myths above is because we are hearing of quite a few examples of landlords being incorrectly informed and then having to pay for an expensive risk assessment (£120+ per property). We think this is unfair and some agents are being selective with their advice. However, we want to help you fulfill your duty and we understand that there is a good chance that you will not be in a position to undertake an assessment yourself or that you may not feel comfortable visiting your tenants etc.
Contact us for more information or to arrange a Legionella Risk Assessment by our approved assessor and at a reasonable fee.
Legal Disclaimer. This content is not intended to be legal advice or an official source of information. Landlords and/or agents should seek official advice from a relevant professional or official organisation in order to assist them to satisfy their legal obligations.
Copyright and plagiarism. The photos and content in this blog article are original material authored by Chris Chambers. Downloading and printing for personal use is permitted. Reproduction in a public forum, eg on a website or a link on a social media, must include suitable references and identify Chris Chambers of Proudhouse Property Management as the author.
