Lately some landlords and agents have been in touch with concerns about changes to their responsibility in managing the risk of Legionella in their properties.
The concern, in most instances, seems to come from being advised to commission or produce a written Legionella risk assessment from a specialist supplier in the wake of changes to the law.
What is Legionnaires' disease
In case you're not fully acquainted, Legionnaires' disease is a potentially fatal form of pneumonia that particularly affects people already more at risk due to age, illness or immunosuppression. It can also cause less serious illnesses. The bacterium Legionella Pneumophila, which is often present in natural sources of water, can multiply to harmful levels in manmade water systems so it's important to assess the risk of Legionnaires' before letting property.
On the case
UKALA and the NLA work closely with the government and other stakeholder bodies, including the Health and Safety Executive (HSE), about changes or additions to agents' or landlords' responsibilities and we think we know where the confusion has arisen.
Late last year the HSE produced a revised, simplified version of the Approved Code of Practice (ACOP) 'Legionnaires' disease: The control of bacteria in water systems L8'. However, while the ACOP was updated, it didn't change or alter the responsibilities placed on landlords in any way. Landlords (and in some cases agents) have always had a duty to assess and manage the risk of Legionella exposure to their tenants.
So what is your responsibility
The law has not changed - the simple fact is that landlords who provide residential accommodation have a legal duty to ensure the risk of exposure of tenants to legionella is assessed and controlled. However, in most residential properties where smaller domestic-type water systems are installed and there is regular water usage, a simple assessment may show that there are no real risks from Legionella. This may be carried out as part of a mandatory visit such as gas safety checks or as routine planned maintenance. It should be possible for landlords to assess the risk themselves but, if landlords aren't comfortable doing so then they may instruct their agent to take care of the matter or arrange an assessment with a specialist supplier if necessary.
Our advice for landlords and agents
Our advice is simple. Landlords must carry out a simple, straightforward assessment and where this shows the risks are low, no further action is required. Where a risk is found, the type of action necessary will follow on from the nature of the risk but will normally only require simple control measures, outlined in the guidance at the end of this article.
For agents, it's important to remember that there's been no change in law but it is sensible to remind your landlord clients of their legal obligations and signpost to advice and or services. If you do offer a risk assessment service but your landlord client declines this, then it may also be wise to get written confirmation that they intend to deal with the issue themselves.
For landlords and agents that choose to assess the risk themselves, a visual inspection of the water system's installations and fittings should be carried out. You can visit the HSE for advice on how to conduct a simple risk assessment or obtain help and advice from a consultant or other competent person if you consider it necessary. Your plumbing engineer should also be competent if they are suitably familiar with the HSE guidance. UKALA and NLA suggest the practical steps below:
Check the cold and hot water temperature - To prevent Legionella growth, cold water should be maintained, where possible, d below 20C and hot water stored at 60C and distributed at e 50C. Where possible, set control parameters e.g. temperature on the hot water tank to ensure water is stored at 60C.
Are there areas where stagnant water occurs (deadlegs), e.g. pipes to a washing machine that is no longer in use You can ensure water cannot stagnate anywhere in the system by removing redundant pipework or appliances.
Have any rooms or properties been vacant for long enough that water will have been stagnant in the pipes or are there infrequently used outlets, e.g. showers, taps If so, have a system for periodically running the taps/showers and flush the system through prior to letting the property.
Is there debris in the system, such as rust, sludge or scale (often a problem in old metal cisterns), that could provide food for growing legionella Avoid debris getting into the system e.g. ensure cold water tanks, where fitted have a tight fitting lid. Check periodically and clean out when necessary. Consider modernising old tanks and cisterns.
Are any tanks covered to prevent access to mice, birds, insects and general dirt and debris All water cisterns should be covered and insulated.
Is backflow possible from fittings into pipework Particularly consider hoses attached to external taps as they are more likely to suffer contamination, which could then be drawn into the property.
Is there a cross-connection between pipes conveying water supplied for tenants' direct use with pipes conveying water from some other source Follow pipes to track the flow of water, particularly those people will have direct contact with.
Are any of your tenants vulnerable to infection, e.g. older people, those already ill You should advise about the risks, the control measures you are taking and the precautions they can take.
What if there is a problem with the system during tenancy Advise your tenant to inform you if the hot water is not heating properly or if there are any other problems with the water system, so that you can take appropriate action.
Finally, are you about to carry out maintenance to or renovation of old systems or units that have been vacant for some time
Remember, UKALA members have access to our online library for more help and assistance on this, and a wide range of issues and best practice.
References and guidance
www.hse.gov.uk/legionnaires/faqs.htm#Landlord
Part 1: The control of legionella bacteria in evaporative cooling systems
Part 2: The control of legionella bacteria in hot and cold water systems (paras 2.138 - 2.146)
Part 3: The control of legionella bacteria in other risk systems
*The content and advice in this article has been approved by the HSE.
**Richard Price is Executive Director of UKALA (The UK Association of Letting Agents)
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