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wturner  
#1 Posted : 08 October 2014 13:04:03(UTC)
Rank: Forum user
wturner

Could someone please point me in the direction of the legislation requiring landlords to conduct legionella risk assessments please? I would also be interested to know how many people are doing it. Many thanks, Wayne.
hopeful  
#2 Posted : 08 October 2014 13:27:03(UTC)
Rank: Super forum user
hopeful

Management of water systems to ensure control of Legionella comes from Control of Substances Hazardous to Health regs and H&S at Work Act. L8 is the ACOP that provides information on how to manage water systems to maintain safety. I work for a Social Landlord and we have many water risk assessments and control measures including sentinal temperature monitoring and sampling. We are currently reviewing the processes to ensure that we follow the new L8 guidance Hope this helps
Mick C  
#3 Posted : 08 October 2014 15:47:09(UTC)
Rank: Forum user
Mick C

Wayne, also have a look at HSG274. However, I would recommend you get competent people in to advise you. all best Mick
wturner  
#4 Posted : 08 October 2014 19:24:54(UTC)
Rank: Forum user
wturner

Sorry I didn't make this clear, but I am talking about landlords of private houses, not landlords of work premises. Is this legislation still relevant?
wturner  
#5 Posted : 08 October 2014 19:25:54(UTC)
Rank: Forum user
wturner

Hopeful wrote:
Management of water systems to ensure control of Legionella comes from Control of Substances Hazardous to Health regs and H&S at Work Act. L8 is the ACOP that provides information on how to manage water systems to maintain safety. I work for a Social Landlord and we have many water risk assessments and control measures including sentinal temperature monitoring and sampling. We are currently reviewing the processes to ensure that we follow the new L8 guidance Hope this helps
Does this apply to landlords of private dwellings?
toe  
#6 Posted : 08 October 2014 20:11:31(UTC)
Rank: Super forum user
toe

Not applicable in private dwellings. Unless the tenant is being cared for by a care provider, now H&SAWA applies, their is also a good chance that if they are receiving care they may fall into the category of vunerable people. This applies more so where the private dwelling is a House of Multiple Occupancy (HMO).
wturner  
#7 Posted : 08 October 2014 21:05:50(UTC)
Rank: Forum user
wturner

So as a landlord of a private dwelling there is no legal duty to carry out a legionella risk assessment, is that correct?
jay  
#8 Posted : 09 October 2014 07:56:52(UTC)
Rank: Super forum user
jay

One of the FAQs' on this topic from HSE website is:- As a landlord, what are my duties? Refer to:- http://www.hse.gov.uk/le...naires/faqs.htm#Landlord
wturner  
#9 Posted : 09 October 2014 08:42:49(UTC)
Rank: Forum user
wturner

But is that not aimed at the workplace?? I am talking about residential (private dwelling).
bob youel  
#10 Posted : 09 October 2014 08:57:05(UTC)
Rank: Super forum user
bob youel

The dwelling may be a private abode but the landlord is still running a business so they have statute and civil law landlord duties to adequately maintain on behalf of their 'private' tenants However as a landlord myself in the past I did not go as far as carrying out legionella nor other types of tests inside the private home nor have what could be seen as a formal legionella management system and the local council was more than happy with this approach and as far as I am aware an average landlord with average tenants in single house accommodation does not have a specific legal duty to manage legionella as one would do in a work situation or similar as already noted in the same way as fire and other areas noting that this is a private persons home Talk to your local EHO's/Building control dept (if such things still exist noting the current cuts!!) as they should be able to give more up to date advice but I doubt if the local council would be too bothered with a situation you describe and this is probably outside the HSE's remit
BJC  
#11 Posted : 09 October 2014 10:48:50(UTC)
Rank: Guest
Guest

Are there 5 people on the deeds If not no written RA required. The chances of legionella occurring in occupied Domestic premises are very low so this is the latest jobsworth scam.
Xavier123  
#12 Posted : 09 October 2014 11:00:14(UTC)
Rank: Super forum user
Xavier123

What Bob says. Making money from renting out property is a business thus HASWA applies. However, for the love of all that is good in the world, don't go mad. Keep everything in proportion - a 'normal' house with constant occupancy is very likely to be low risk. HSG274 Part 2 talks about making checks at the same time as other statutory checks such as gas appliances i.e. once a year.
hopeful  
#13 Posted : 09 October 2014 12:28:15(UTC)
Rank: Super forum user
hopeful

Please refer to the HSE guidance part 2 Legionella - it states that anyone providing residential accommodation to residents or tenants etc have to manage the risk. All properties are required to have schematics but there are guides to phase this in. In many street access properties this could be a very simple water assessment but it has to be done.
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