Discover the legal responsibility that Landlords often overlook
As landlords, renting properties to tenants is fraught with compliance and legal responsibilities. There are certificates and safety checks to do, annual, bi-annual, or every 5 or even 10 years. It's tricky to keep up with what needs to be done and when.
As landlords, renting properties to tenants is fraught with compliance and legal responsibilities. There are certificates and safety checks to do, annual, bi-annual, or every 5 or even 10 years. It's tricky to keep up with what needs to be done and when. This is why a letting agent managing your properties is such an attractive option for many landlords. It frees up your mental head space and puts the responsibility of remembering these things onto the letting agents. Which is fine because this is what they are experts at!
One of the many inspection certificates that you may need to provide for your property is a Legionella Assessment. A relatively new piece of legislation and somewhat confusing, it's often overlooked. And overlooking your legionella assessment can have dire consequences for you as a landlord and your tenants.
So, what is Legionella?
Legionella is a bacteria that contaminates water and, if those tiny water droplets are inhaled, can cause a potentially fatal form of pneumonia known as Legionnaire's disease. Legionella grows and thrives in environments like domestic hot and cold water systems. Perfect temperature ranges in stored water and where there is some 'food' for the organism to grow, such as rust, sludge, scale or biofilm, can create the right environment for the bacteria to grow and multiply.
What do you need to do?
You can visit the HSE website for detailed information about your responsibilities by clicking here.
Fundamentally, landlords have to assess the risk of exposure to Legionella to ensure the safety of their tenants in the property. Hot and cold water systems in most residential properties are generally considered a lower risk due to the regular use and high water turnover. The risks increase when the water is sat, stagnant and stored. The requirement is for you to provide an assessment of the potential risks in the property, which may show that there are no significant risks and no further action is needed. However, making this judgement and leaving the system as it is will not be sufficient - you need to provide the tenant with a record of the assessment.
The HSE says:
Implementing simple, proportionate and appropriate control measures will ensure the risk remains low. 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, i.e. 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 (e.g. ensure the cold water tanks, where fitted, have a tight-fitting lid)
- Setting control parameters (e.g. setting the temperature of the hot water cylinder (calorifier) to ensure water is stored at 60°C)
- Make sure any redundant pipework identified is removed.
The risk is further lowered where instantaneous water heaters (for example, combi boilers and electric showers) are installed because there is no water storage.
Your tenant must be advised of any control measures you've put in place and how these need to be maintained, if applicable. They must also be informed that they must report any occasions where the hot water is not heating correctly or if there are any other problems with the system that could result in an increase in legionella growth.
For more information, get in touch with our letting team today. They will be able to advise on the best way to carry out an assessment and ensure that your tenancy is legally compliant and the property is safe.