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New Law Requires Legionnaires Disease Risk Assessment

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New Law Requires Legionnaires Disease Risk Assessment

New laws mean that landlords need to be able to show that they have performed a risk assessment for legionnaires disease in each of their properties. Our advice to members is not to worry, come to our July meeting and learn what you need to know.

We are aware that certain companies and agents have been contacting landlords in an effort to sell their services to carry out risk assessments for legionella bacteria in rental properties. These are often expensive and in most situations are completely unnecessary. We have seen letters from agents that say "The risk assessment survey must be performed by professionally trained and accredited body". THIS IS NOT CORRECT.

In our view:

  • Landlords need to show that a Legionnaires Risk Assessment is in place for each of their propertiesL
  • These can be produced by any competent person
  • Competence in this instance, can mean having attended a 20 minute briefing such as we will have at our July meeting
  • The risk for most landlords is incredibly slight, in normal houses the only possible risk is if a shower head is not cleaned after sitting for 2-3 months over the summer when the students are away
  • Any enforcement activity locally will be undertaken by the local authority and we are assured that this area is not a priority for them
  • The manager responsible for such enforcement will be our speaker at our July meeting

There are two very useful Health and Safety Executive links. For all you need to know see http://www.hse.gov.uk/pubns/priced/hsg274part2.pdf
I would Refer agents to http://www.hse.gov.uk/legionnaires/faqs.htm

Under "Risk Assessment - Who can undertake the risk assessment for legionella?"
"As an employer or a person in control of premises, you must appoint person or persons responsible for helping you manage your health and safety duties, e.g. take responsibility for managing risks. A competent person is someone with the necessary skills, knowledge and experience to manage health and safety, including the control measures. You could appoint one, or a combination of:
• yourself
• one or more workers
• someone from outside your business"

"As a landlord, what are my duties."states "In most residential settings, a simple assessment may show that the risks are low and no further action may be necessary. "

Some buildings may have features that are problematic and with a little homework you should know if you have higher risks that require more detailed attention.

Bruce Lomax who is responsible for enforcing this issue in Portsmouth will speak on the subject (and other matters) at the Portsmouth and District Private Landlords Association meeting on July13th. 7.30 pm at the Queens Hotel. Non Members are welcome.

There is an app - http://www.landlordsguild.com/practical-guide-template-for-legionella-risk-assessment/ This produces a report that looks like this  It is thorough and may be more than you need.

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About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

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