Hackney landlords and tenants: are you aware of the risk of Legionella?

The term Legionnaires’ disease may be well-known, but the risk Legionella bacteria pose to residents of rental property is less widely publicised.

There are around 500 deaths and hundreds more cases of the disease reported in the UK every year, many of which stem from exposure to bacteria in rented properties. Thousands of residents contract the disease without knowing they have contracted it.

Earlier in 2015 a pensioner in the North West, who was living in a 38-flat complex owned by a social landlord, died from the disease.

This unfortunate case highlights the importance of reducing the risk of Legionella bacteria in rented properties.

If they haven’t done so already, your letting agent should be advising you how to minimise the risk of exposure to these harmful bacteria.

Landlords have always had a duty to protect their tenants from the risk of Legionnaires’ disease, the issue has, however, taken on an increased profile recently after an update from the Health and Safety Executive (HSE) was issued in February 2014.

The HSE confirmed that all premises with a water system are now within the scope of the Approved Code of Practice, after the organisation determined that Legionella can be prevalent in smaller domestic water systems.

There is a real and present risk in rental properties and landlords, despite some being blissfully unaware of their duties, need to take this seriously and get their properties checked.

Legionellosis is the umbrella term given to the group of illnesses caused by Legionella bacteria. The illnesses are transmitted by inhalation of water or soil contaminated by Legionella bacteria.

The bacteria thrive in stagnant water heated at between 20°C and 40°C (the bacteria is dormant at under 20°C and does not survive above 60°C).

Rental properties are considered to have an increased risk of Legionella developing, due to regular refurbishments and frequent periods when the property is empty, potentially causing water supply systems to become stagnant.

With this in mind, landlords must carry out a risk assessment of their property to identify and assess potential sources of exposure. If any significant risks are identified, you must then introduce a course of action to prevent or control these risks.

For landlords the message is clear: don’t put up with anything other than a credible risk assessment. Kings Group cares about tenants and their health and therefore offers reliable risk assessments to its clients.

You are able to carry out the risk assessment yourself as long as you fully understand the ongoing duty of care and are willing to insure against a tenant case yourself. If you chose to do so, these are the questions you need to be asking:

– Are conditions right for the bacteria to multiply? Is the cold water temperature below 20oC and is the hot water temp between 50 degrees C and 60 degrees C.

– Are there areas where stagnant water occurs (deadlegs), e.g. pipes to a washing machine that is no longer used?

– Are there infrequently used showers, taps? Are they being bleached once a week?

– Is there debris in the system, such as rust, sludge or scale (often a problem in old metal cisterns), that could provide food for growing legionella? 

– Are there thermostatic mixing valves that set a favourable outlet temperature for legionella growth?

– Are any of your employees, residents, visitors etc. vulnerable to infection, e.g. older people, those already ill? 

Are you maintaining the required COSSH records? 

Has the main water feed been checked and has the main water storage tank been checked and covered?

Are your tenants receiving regular information and is there a weather watch ongoing to look out for higher temperatures that could trigger the disease?

To ensure the safety of tenants, landlords have a legal obligation to comply with Legionella legislation, just like they would with gas and electrical safety checks.

As with all legislation like this, there are fines for non-compliance – which could be up to as much as £20,000. A Devonshire landlord has just been fined £4,000 for non-compliance.

If your letting agent is yet to contact you about this, then you need to be asking them why.

For further guidance regarding the risk of Legionella in your property, you can get in touch with us on Twitter (@KingsGroupLLP), Facebook (facebook.com/KingsGroupLLP) or call Kings Group Hackney’s Branch Manager, Brendon Daley, on 0208 510 0808.