It may not be common knowledge, but by law landlords and letting agents have to carry out stringent risk assessments to detect probabilities of Legionnaires ‘disease and if found in any of their properties, then they must carry out the necessary steps to eliminate it.

Legionnaires’ disease has similar pneumonia like symptoms however it can be lethal. It derives from Legionella bacteria which are caused when the temperature of the water in lakes, rivers and water systems encourages the growth of bacteria. People contract the fatal disease when breathing in small droplets of water containing the bacteria floating in the air. Any water going through a recirculation process or stored is open to the threat.

There are guidelines that are available and which apply to England, however the rest of Britain will have similar legal responsibilities placed on landlords and lettings agents; although there may be many important differences. It is in everybody’s interest to find out expert advice as every case may be judged differently by the courts.

There are currently two guides published by the Health & Safety Executive which outlines an Approved Code of Practice:

Legionnaires’ disease: a brief guide for duty holders –

Legionnaires’ disease: The control of legionella bacteria in water systems. http://www.hse.gov.uk/pubns/priced/l8.pdf

 

These guides contain the exact legal requirements and responsibilities that all landlords and lettings agents must follow to make sure that tenants are risk free of contracting Legionnaire’s disease, because of the water systems in their ‘homes’.

All landlords are legally responsible to carry out the risk assessments when managing any of their properties; however lettings agents operating a full management service are legally responsible.

Properties at most risk are HMOs (Houses in Multiple Occupation) and besides the annual appliance and fire safety checks that are the norm, the person or company responsible for the property has to carry out the Legionnaire’s risk assessment, this is specified in The Management of Houses in Multiple Occupation (England) Regulations 2006.
http://www.legislation.gov.uk/uksi/2006/372/pdfs/uksi_20060372_en.pdf

Generally buy-to-let properties which are individual residences do not pose a risk of Legionella, but by law no matter how minute a chance of the bacteria appearing, all landlords and lettings agents must carry out the risk assessment. Records of the checks must be kept for, at the very least, five years by the responsible parties.

The bacteria growth is encouraged in water storage tanks and hot and cold water systems, which is then spread through showers and taps that may not have been used for a period of time. Risk assessments are carried out to find potential areas that could encourage Legionella.

 

Once these have been identified then steps must be taken to control or eliminate the bacteria.

The majority of lettings agents and landlords will find that carrying out their own assessments is acceptable, but some landlords may consider bringing in professional risk assessment companies to carry out the initial check and then do it themselves every year.

The greatest risk of the bacteria appearing is when water temperatures are between 20C – 45C, such as showers and air conditioning systems that have not been used for some time which may carry stagnant water, any rubbish in water systems and thermostatic mixing valves.

 

These should all be rigorously checked and then the necessary action taken if applicable.

Something that should not be taken for granted is whether tenants are at risk of contracting the disease because of their age, lifestyle and health. Heavy drinkers, smokers, sufferers of kidney and respiratory diseases and those with deficient immune systems can be ‘open’ to the disease.

The best ways to limit the risk are by, properly cleaning out shower heads, regular air conditioning services, disinfecting water systems and by clearing out stagnated water pools or simply getting rid of them. Other methods include covering water cisterns properly and removing any rubbish or debris present and insulating pipes.

 

It is always advisable for landlords and agents to supply tenants with information which will give them advice about such risks and tell them to clean shower heads and to run water off regularly.

There is the ever present danger of tenants being burned or scalded if water temperatures are raised after being advised to do so by agents and landlords, in an effort to eliminate the risk of the disease.

Richard Merrick of PIMS, said: “Besides landlords agents having to carry out ‘Right to Rent' checks on tenants along with the annual health and safety assessments, the Legionnaires’ risk assessments may seem a heavy burden.

“From all accounts the assessments are not as bad as one would think and are quite uncomplicated. The most important duty is that all records of the risk assessments are kept.”

 

PIMS Comment

 

 

The reason landlords have become caught up in this requirement is in part due to a technical change in the legislation that removes the definition of size of a water tank. Landlords irrespective of this law still remain liable and responsible for Hygiene, Sanitation and Water Supply [under existing HHSRS Legislation] so realistically the requirement of this new legislation changes little.  If you perform a Legionella test now in a matter of weeks it can be back so should a situation arise that a tenant contracts Legionella then the landlord would be remain liable for lack of on going care. Should a tenant contract Legionella then should the landlord be sued the Legislation provides the Judge vast discretion in prosecution, to date we have not been able to locate a single private landlord who has been prosecuted. We must however state the law says you have a duty of care to make sure a property is fit for purpose  - but be weary of companies who appear to be using this legislation as a money earner. A water test alone is not sufficient on going monitoring is critical and the pending updated PIMS AST shall include such provision  

 

The Health and Safety Executive have produced a FAQ for landlords  As a landlord, what are my duties?