The Legislation Simplified

LANDLORDS: This is what you need to do

‘Landlords who provide residential accommodation, as the person in control of the premises or responsible for the water systems in their premises, have a legal duty to ensure that the risk of exposure of tenants to legionella is properly ASSESSED and CONTROLLED. This duty extends to residents, guests, tenants and customers.’
The Health & Safety Executive Approved Code of Practice (ACOP) L8 4^th Edition

The two key words in this description are ASSESSED and CONTROLLED which gives a clue as to what needs to be done...

ASSESS – Identify the Risk

This can be achieved by carrying out a Legionella Risk Assessment on the hot and cold (H&C) water installation at the property.

CONTROL – Manage the Risk

This is the part most landlords don’t do:

• Upon completion of the Risk Assessment, remedial works may need completing to bring the installation up to current regulations (if required). These are one off works and tend to be relatively minor tweaks to bring the water system up to specification.
• The tenants need to be advised of their obligations and evidence of this recorded
• Each time there is a tenant change, a review of the risks must be undertaken.
• If the property becomes empty (ie void periods between tenancies) a system needs to be in place to ensure the H&C installation is regularly flushed and records kept.
• The Legionella control system needs reviewing on regular intervals

Terminology

• Duty Holder is you the Landlord (not your letting agent)
• It is the Duty Holders legal duty to ensure the legislation is adhered to.
• The Duty Holder can appoint a Responsible Person.
• Responsible Person takes over the legal responsibility on behalf of the Duty Holders

You can appoint us as your RESPONSIBLE PERSON!

Legionella also incorporates these other pieces of legislation
Health and Safety at Work Act (HSWA) - http://www.hse.gov.uk/legislation/hswa.htm
Control of Substances Hazardous to Health (COSHH) - http://www.hse.gov.uk/coshh/basics.htm