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JockColeman  
#1 Posted : 05 July 2017 14:02:06(UTC)
Rank: New forum user
JockColeman

Hello all

This is the first time I have posted here so please forgive me if it’s the wrong section.

I have a client who needs a slight push and a lot of convincing that this actually applies to him. I'm looking for some advice in obtaining a Landlords Risk Assessment. I realise that multiple properties are not subjected to the full Legionella risk assessment process but I am at a loss to find something that they can do themselves to maintain continuity and meet statutory requirements. 

Can anyone point me in the direction of documentation and guidance.

Any help would be great.

Cheers

Jock

 

Edited by user 05 July 2017 14:02:50(UTC)  | Reason: spelling

chas  
#2 Posted : 05 July 2017 14:26:47(UTC)
Rank: Super forum user
chas

Other than looking at the landlords guidance documentation for controlling legionella on the HSE's website you could get hold of a copy of the CIBSE guidance TM13 - Minimising the Risk of Legionaires Disease. It has a lot of useful guidance and suggested control measures as well as standard checklists you could use. Hope this helps.

JCBushell  
#3 Posted : 05 July 2017 14:30:11(UTC)
Rank: Forum user
JCBushell

Try this to start with :)

http://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

aud  
#4 Posted : 05 July 2017 15:51:59(UTC)
Rank: Super forum user
aud

Is the landlord running a business?

I ask as it is important - most landlords (BTL etc) in UK are NOT in business, they are just investors (see HMRC), and so the HSAWA does not apply - a distinction the HSE have chosen not to point out on their disengenous website as referenced. See https://www.gov.uk/government/publications/how-to-rent for the definitive.

However, lets assume the landlord is either a company or is registered as self-employed - ie in business.

The RLA have a £9 checklist suitable for small / simple single let properties (and cheap enough for those of a nervous disposition who aren't really 'at work' but hey-ho).

For HMOs, or larger more complex property, there are plenty of specialist consultants out there who are happy to do the work for a tidy sum. HMO Landlords I know pay less than £50 per property for 8 bed houses. There is no requirement to keep doing it over and over.

Xavier123  
#5 Posted : 07 July 2017 08:09:29(UTC)
Rank: Super forum user
Xavier123

I haven't come across that arguement before concerning investment.

HSE use s.53 of HASWA definition to apply s.3 to landlords:

self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others

Feels like a fun one for lawyers to make money out of arguing about at some point.

As to the idea that you don't need to do a 'full' legionella risk assessment process - I get where you're going with this but don't technically agree.  You risk assess or you don't and it will either be suitable and sufficient or it won't.

You can start with some assumptions of low risk and test those through a simple checklist approach but you need to be appropriately prepared to identify areas where you may need to step up from a simple tool to bringing in someone more specialist i.e. generally if it looks like system is complex such as in shared water supplies across a large block of flats.

Frankly the HSE would have saved a lot of landlords being stung by shysters if they'd just created that simple model for landlords to use.  They've virtually done it with the advice on the page linked to above but just put it all in narrative form.

Some risk factors to look out for:

- periods of vacancy

- outlets not in regular use

- volume of stored water (excess hot/cold could stagnate)

- tenants having access to thermostat control on stored hot water and being likely to turn it down

- ensuring tenants given advice at commencement of tenancy concerning cleaning

- considering whether tenancy agreement includes relevant maintenance duties on landlord

- water supply being private as opposed to mains

As a rule in simple domestic house properties the water turnover is usually continuous and high and temperatures sufficient that risk is low.  If water pipework is simple and obvious then you won't need a schematic drawing etc.

aud  
#6 Posted : 08 July 2017 21:47:07(UTC)
Rank: Super forum user
aud

HSE can bluster that passive landlords are persons under s53, but the test fails with the word 'work'.  As s53 says . . 'an individual who works for gain or reward'. Case over. I regard this 'viewpoint' (added to the website FAQs just a couple of years ago) as a bullying tactic.

HMRC NIM23800 is clear where they think the 'at work' line is - and they are the primary government determiner of employment status. The government guidance linked previously is THE definitive legal requirement for landlords. No mention of legionella.

It's a moot point - the chance of legionella from a single let house is very very low. As the HSE say. The HSE also say that they will not be actively enforcing in single let domestic properties. Hmm, under what authority would they even try I wonder. The legitimate enforcer of standards in rental properties are local authorities, under the Housing Act, using the HHSRS.

Gas safety regs are a distinct exception to the above - these specify 'landlords' as duty holders, no question. 

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