Legionella Risk Assessment – I wasn’t aware!

How many of us is aware of this new regulation?
I have to say I was totally unaware until I received this email from my LA. The safety of my tenants are paramount to me, but I feel dumb that I never read about this on any of the forums

Re: LEGAL WATER HYGIENE CONTROL – IMPORTANT NOTICE from the Health & Safety Executive

We write to inform you of new legislation issued by the Health and Safety Executive in respect of Legionnaires disease. This legislation requires that all rented property is compliant and a legionella risk assessment undertaken.

This is a new legal requirement under the Health and Safety at Work etc. Act 1974, the Control of Substances Hazardous to Health Regulations 2002 concerning the risk from exposure to Legionella and compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999. This has now been extended to include rental properties and, as your managing agents, we can be held equally responsible with you as ‘joint duty-holder’. We have a legal obligation to comply with current legislation including carrying out Legionella Risk Assessments, just like gas and electrical safety checks, to ensure the safety of your tenant, occupiers, contractors and staff who visit the property on a regular basis e.g. carrying out inspections.

The fines being imposed for non-compliance can amount to as much as £20,000 for each offence and can potentially include a criminal record. We are also aware that organizations such as Shelter and Help the Aged are paying particular attention to this law to protect tenants’ rights in this area.

It is important that matters relating to tenant’s health and safety are not overlooked. You may find that your insurance as a Landlord now includes a requirement for this and that effective control measures need to be in place.

We have appointed Nlic to carry out this specialist service due to their service providing an annual ongoing duty of care procedure in this area and manage the UK At Risk register of non-compliant properties. They will undertake a full risk assessment and look at all risk areas, taking measures to look for every form of bacteria. Nlic provide full indemnity cover to you and us as the duty holders in a court of law. This firm is a not for profit organization and specialize in working to uphold all aspects of the law for HSE setting industry standards.

What is included in the service package is an end to end risk assessment including the necessary ongoing duty of care throughout the year with tenant and landlord information packs site visits and records maintenance, removal from the at risk register, replacement water tanks and shower heads should there be a deemed risk, no additional charge for no show site visits such as a tenant not being in at time of arranged visit, support in the event of a legal case for legionella illness.
(there are 240 strands of illness)
We are arranging for risk assessments to take place from the 12th of October 2015. The cost of this annual service is £125 plus vat per year per property. Unless we hear from you to the contrary, we will instruct them on your behalf and the cost will show on your next monthly statement of account, if we do not collect your rental on your behalf we will not go ahead unless payment has been received.

You do have the right to decline this service, but we strongly recommend that you allow us to put it into place. To not have these checks carried out will leave you fully liable for the consequences without any form of indemnity whatsoever against the fines and other consequences referred to above. We as your managing agents would not remain liable if you choose to decline this service – but unfortunately the liability will rest with yourself.

If we do not hear from you within seven days from the date of this letter we will proceed to arrange the risk assessment of your property, on your behalf.

We would like to thank you for your understanding and co-operation in this matter and assure you we are acting in your best interest, so that this compliance is met. For your peace of mind, you will receive a full report for your records and we will also keep a record in our files ready for any possible adhoc inspection by the HSE and/or possible tenant litigation in the future.

Finally, please be aware that this legislation is nothing to do with your local council, it originated from H.M. Government’s Health and Safety Executive and the law governing this is enforceable by them.

Antony

Editors Note:

Please see our previous articles –

Legionella scaremongering by some letting agents debunked

and

Legionnaires Disease – Landlords responsibilities

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