The Health & Safety Executive (HSE) has issued guidance regarding the responsibility of landlords of residential accommodation in relation to Legionnaires' disease.
Legionnaires' disease is a potentially fatal form of pneumonia caused by the legionella bacteria. It is common in natural and artificial water systems. Although we usually associate legoinella with larger water systems used in hotels and hospitals, the bacteria can be found in smaller water supply systems in residential accommodation.
Julie Isaac explores the responsibilities of landlords.
Landlords have a duty to ensure that the rise of Legionnaires' disease to their tenants is properly assessed and controlled and this duty may be fulfilled by undertaking a risk assessment. For straight forward residential accommodation there is no reason why the landlord cannot carry out the risk assessment themselves, so long as they are reasonable and knowledgeable and can be considered competent. The HSE suggests that a risk assessment should be carried out every two years and kept under review. A written note of the risk assessment should be kept.
The HSE guidance indicates that normally it will not be necessary for landlords to employ a consultant to conduct an annual check or even to have sampling undertaken. However if a landlord is responsible for a block of flats, unless each flat has its own self contained hot and cold water system, a more comprehensive risk assessment may be needed.
Most residential properties where the water system is being used on a regular basis and where sufficient water is being used to turn over the whole system, the risk of Legionnaires' disease is likely to be extremely low. Provided that the risk assessment shows that the risks are insignificant then no further action needs to be taken.
There are simple control measures which will help manage the risk from legionella. If the premises have been empty for a time then the water system should be flushed through by running all outlets for at least two minutes. If there is a cold water tank this should be clean, free of debris and must have a tight fitting lid. Controls should be set so that hot water is heated to and stored at 60°C, to kill any bacteria, and any redundant pipework should be removed.
Landlords are entitled to expect that tenants will play their part in ensuring these control measures are maintained. Tenants should be informed to keep the water system turned over, to regularly clean, descale and disinfect shower heads and to inform the landlord if the hot water is not heating properly or if the cold water system is not running cold or if there are any problems with the water system. Tenants should also be told not to adjust the temperature of the hot water.
Managing Agents should ensure that the management contract should specify who has responsibility for carrying out a risk assessment. Where the management contract makes no reference to this then landlords are responsible for complying with the regulations and ensuring that a risk assessment is carried out.
If you have any concerns about this or any other landlord-related issues please contact Julie on 01733 888857.
