In April 2014 the Health & Safety Executive (HSE) guidelines for prevention of Legionella were brought into law, requiring every landlord to undertake regular risk assessments for each of their tenanted properties, whether managed by themselves or an agent. Failure to comply is a criminal offence with the potential for punitive fines or even a prison sentence. At the recent Landlord and Letting Show held at London’s Barbican Centre, Housing Management & Maintenance discussed the compliance issues with James Homard, technical director at Compliance For Landlords Limited.
What exactly is Legionella?
JH: Legionella, or Legionnaires’ disease, is a potentially fatal form of pneumonia caused by inhalation of minute droplets of contaminated water containing Legionella bacteria. All man-made hot and cold water systems are likely at some point to provide a favourable environment where Legionella can grow. The organism can colonise large and small water systems so both must be managed effectively to prevent risk of contraction by humans.
Define a Landlord
JH: Simply put, anyone who rents out a property they own under a lease or a licence is deemed to be a landlord and therefore has a duty of care to their tenants. Landlords’ duties apply to a wide range of accommodation, including local authorities, housing associations, hostels and, just as importantly, private-sector landlords.
What does the law say?
JH: The law is clear: if you are a landlord and rent out your property or even a room within your own home, then you have a legal responsibility to ensure the health and safety of your tenant. This means keeping the property safe and free from health hazards, including those arising from water borne sources. The HSE L8 Approved Code of Practice (ACoP) was revised in November 2013 in relation to the control of Legionella bacteria and applies to premises controlled in connection with a trade, business or other undertaking where water is used or stored and there is a reasonably foreseeable risk of exposure to Legionella bacteria.
What must landlords do to comply?
JH: The rule of thumb on this is competency; a simple assessment must be carried out by a competent person who is experienced in identifying the risks for Legionella contamination. It may show that there are no real risks and that water flow is being properly managed with no further action needed, however it is important to review the assessment in case anything changes in the water system. 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, by keeping the hot water hot, cold water cold and keeping it moving.
What other measures can I take to reduce risk?
JH: Other simple control measures include flushing the system prior to letting the property, avoiding debris entering the system, setting temperature controls for the hot water cylinder (calorifier) to ensure water is stored at a suitable temperature (e.g. 60°C), and ensuring that any redundant pipe work that might harbour stagnant water is removed. Risk is further lowered where instantaneous water heaters such as combi boilers and electric showers are installed because there is no water storage.
If I follow the HSE Code of Practice, do I still require a risk assessment?
JH: Yes, you do. You must be able to provide documented evidence of a competent risk assessment having been undertaken on your property at least once every two years. The document takes the form of a detailed written report on the conditions at the time of inspection together with a schematic drawing of the water system and any remedial actions that are needed to reduce the risk of Legionella presence.
What does my tenant need to know?
JH: Tenants should be advised of any control measures put in place that should be maintained, for example, not to adjust the temperature setting of the calorifier and to clean showerheads regularly. They also need 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.
What if my property is left vacant?
JH: It is important that water is not allowed to stagnate within the water system and, as a general principle, outlets on hot and cold water systems should be flushed for 15 minutes at least once a week to maintain a degree of water flow and minimise the chances of stagnation.
Do I need to test my water for Legionella?
JH: No. Testing or sampling for Legionella is not usually required for domestic hot and cold water systems, but only in very specific circumstances where a risk assessment has indicated the need. Testing for Legionella should not be confused with temperature monitoring, which is a reliable method for confirming the water system is safe. Health and safety law does NOT require landlords to obtain or produce – nor does HSE recognise – a ‘Legionella test certificate.
Do I need to keep a record of the assessment findings?
JH: Landlords are not necessarily required to record the findings of the assessment but they may find it prudent to keep a record of what has been done for their own purposes.
How often do I need to review the assessment?
JH: The HSE guidelines recommend an assessment should be carried out at least once every two years in order to maintain up-to-date records. We would also advise reviewing the assessment if any relevant changes are made to the property which affect the water system.
Will my property be inspected?
JH: HSE and Local Authority inspectors do not proactively inspect domestic premises or ask for evidence that landlords have undertaken a risk assessment. However, if a tenant were to contract Legionnaires’ disease from the water system at the property, the landlord may be liable to prosecution under the Health & Safety at Work Act (HSWA), and would have to demonstrate to a court that they had fulfilled their legal duty.
So what should I do?
JH: To ensure you are fully compliant with the law and your tenants are safe, book a professional Legionella Control Association (LCA) registered provider to carry out a water risk assessment.