Rank: Forum user 
|
Afternoon all,
This is in regards to multi occupancy commercial buildings
Since the change in the L8 guidance we have had landlords contacting us to request a copy of the L8 risk assessment and quoting the change in guidance.
I have read the section in where you may have multi occupied buildings and the requirement to work together, it also states there should be an agreed agreement in carrying out such works. This may include splitting the responsibilities. However this needs to be agreed first? they cannot just change it?.
Also as I read it unless there is an agreement it still falls on the landlord (as they would be responsible for the majority of the systems anyway).
Your thoughts please
|
|
|
|
|
|
Rank: Super forum user 
|
The reference to agreement is very much about the contract. By and large tenants of a building will either have a full repair and maintenance lease or 'just' sit as occupants of the space with landlords maintaining their systems.
Where it is a full repair lease, although maybe not explicitly mentioned, the chances are the tenant is responsible for the pipework and water systems etc. within their demise and thus, by default, takes on a responsibility in relation to legionella control. A landlord asking about whether their tenant is fulfilling their legal duties doesn't strike me as particularly offensive...especially when failures of said tenant may effect their ability to perform their legal duties.
Very much about cooperation and coordination - so if things aren't clear as to responsibilities, its an opportunity to make it clear.
|
|
|
|
|
|
Rank: Forum user
|
Thanks for reply.
Not offensive, just when previously the landlord has conducted the L8 RA for all parts of the buildings I am involved with for last 10 years, then to request a L8 from the tenant without first clarifying such clear responsibilities through an explicit agreement, such as a
contract or tenancy agreement.
Agree should be about cooperation and communication and clarifying things first without what seems to me a knee jerk automated email sent from someone who has not checked first?
|
|
|
|
|
|
Rank: Super forum user
|
Ah.
Well, one could argue that their RA has been inadequate to date since they arguably couldn't truly understand how you, as a tenant, use the premises and water systems...
Still, to spring it on you (as something they've historically undertaken and paid for) is poor practice - although it doesn't change the fact that some degree of responsibility always technically sat with you.
The reason I mentioned repair and maintenance lease etc. was that, if you don't have such a lease, then you equally don't have the ability to undertake work/action on any problems that arise...which sort of makes the landlord the person truly in control of the premises. Where the tenant has the power to make such changes and repair, by contract, then they are more clearly the person in control.
|
|
|
|
|
|
Rank: Forum user
|
Poor practice indeed, especially where some buildings, all the toilet and kitchenette facilities are within the communal areas ? so apart from the odd pipe going through our floors not much else water systems to be responsible for to be honest..........
|
|
|
|
|
|
Rank: Super forum user
|
Well now you have an opportunity to write a three line risk assessment and send it back to them with a grin on your face. ;)
I'm pretty sure the intention of that section of the guidance was not to deal with pipework traversing a floor or passing through the risers of tenants!
|
|
|
|
|
|
Rank: Super forum user
|
|
|
|
|
|
|
Rank: Forum user
|
JohnMurray wrote:http://www.surreyheath.gov.uk/housing/advice/legionnaires.htm That's in regards to residential and needs a slight update.
|
|
|
|
|
|
Rank: Super forum user
|
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.