Landlords responsibility for Legionella Disease explained.........

Residential accommodation: Landlords

A new piece of legislation on our shores which I am sure you have all come across but like myself, maybe wondered what it is all about and whether you need to do anything as landlord??

Landlords who provide residential accommodation, as the person in control of the premises or responsible for the water systems in their premises, have a legal duty to ensure that the risk of exposure of tenants to legionella is properly assessed and controlled. This duty extends to residents, guests, tenants and customers. They can carry out a risk assessment themselves if they are competent, or employ
somebody who is.

Where a managing (or letting) agent is used, the management contract
should clearly specify who has responsibility for maintenance and safety checks,
including managing the risk from legionella. Where there is no contract
or agreement in place or it does not specify who has responsibility, the duty is
placed on whoever has control of the premises and the water system in it, and in
most cases, this will be the landlord themselves.

All water systems require a risk assessment but not all systems require
elaborate control measures. A simple risk assessment may show that there are no
real risks from legionella, but if there are, implementing appropriate measures will
prevent or control these risks. The law requires simple, proportionate and practical
actions to be taken, including identifying and assessing sources of risk, managing
the risk, preventing or controlling the risk; and periodically checking that any control
measures are effective.


For most residential settings, the risk assessment may show the risks are
low, in which case no further action may be necessary, eg housing units with small
domestic-type water systems where water turnover is high. If the assessment
shows the risks are insignificant and are being properly managed to comply with
the law, no further action may be required, but it is important to review the
assessment periodically in case anything changes in the system. However, the
frequency of inspection and maintenance will depend on the system and the risks it
presents.

Simple steps for your property:

• flushing out the system before 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 of the calorifier to ensure
  water is stored at 60 °C); 
• making sure any redundant pipework identified is removed;
• advising tenants to regularly clean and disinfect showerheads.

Landlords should inform tenants of the potential risk of exposure to
legionella and its consequences and advise on any actions arising from the findings
of the risk assessment, where appropriate. Tenants should be advised to inform the
landlord if the hot water is not heating properly or if there are any other problems
with the system, so that appropriate action can be taken.

The risk may increase where the property is unoccupied for a short period so vacant property management through your agency is always worth putting in place. It
is important that water is not allowed to stagnate within the water system and so
dwellings that are vacant for extended periods should be managed carefully. As a
general principle, outlets on hot and cold water systems should be used at least
once a week to maintain a degree of water flow and minimise the chances of
stagnation. To manage the risks during non-occupancy, consider implementing a
suitable flushing regime or other measures, such as draining the system if the
dwelling is to remain vacant for long periods.

Legionella is not rife within the lettings world but it does exist and is a very serious consideration. To understand it a little better and follow these simple measures, will ensure the risk continues to remain low.

Call me for more.

Richard