Common questions:

• Do Housing Associations or Local Authorities have a responsibility under the HSE’s Approved Code of Practice L8 document for the water services in domestic properties? This question has become even more prevalent since most have Arms Length Management Organisations or (ALMOS) or have passed domestic properties to Housing Association management teams.

• If risk assessments are in place how can they be policed?

• How can the control measures be implemented?

• How can you gain access and maintain tanks in loft spaces above lease holder flats?

• In mixed use sites, who is responsible for the water supplied from a single source?

Facing up to the reality:

The fact is that all Housing Associations, Local authorities and Landlords including self employed individuals providing residential accommodation do have a legal obligation to address the risk of legionella within the properties for which they are responsible.
The HSE’s Approved code of practice applies in any situation where there is a commercial undertaking including the provision of residential accommodation.
As a provider of such accommodation you may already be aware of your responsibilities to ensure that the risk from exposure to legionella in your premises is properly controlled. However, you may not be aware of the legal requirements that are outlined in the revised ACOP. You may have to assess the risk from exposure to legionella to your own staff, guests and customers (residents), and any other people working in your premises.

So what do you need to do?

• Landlords should conduct a risk assessment to cover at least the communal services for which they are responsible and are able to gain reasonable and safe access.

• Where access is readily available, an assessment should be conducted to cover the property. This holds particular importance for Estate Agents or Self Employed Landlords who manage small portfolios or single units. A great opportunity to do this is when a new tenant is moving in or when a tenant is leaving the property.

• A pragmatic approach to risk assessment should be adopted where large housing stocks are involved. This may include grouping properties into categories and then conducting risk assessments on a proportion of each category.

• Any high risk categories such as sheltered accommodation and shared service buildings should be fully risk assessed and control measures implemented if applicable.

• Simplified risk assessment formats should be developed to cover the lower risk properties or categories. The lower risk properties should then be scheduled for assessment over a committed time period and control measures may be implemented progressively as required.

• A simplified risk assessment format should mean lower costs, however, it is important that any such assessment remains valid and resolves to provide the Landlord with adequate cover.

• Whilst it is important to cover the accessible communal areas of a residential building under your direct management, it is also considered good practice to assess a representative number of the individual units where there is no issue with gaining access.

• Where maintenance is considered too expensive then alternative control measures and engineered solutions should be adopted to control any risks identified.
• It is also important to educate tenants on the proper management and maintenance of the water services. This can be achieved via internet plateforms, newsletters and infromation packs.

• Visit http://www.hse.gov.uk/pubns/indg376.pdf for more information and advice

The common problems

• Mixed sites with a single landlord can often pose significant issues when trying to manage the risk of legionella in residential accommodation.

• For examples where a site is fed from a single water meter and piped to several buildings and storage tanks.

• Where individual buildings are let and sublet to a number of tenants who manage their own demised areas.

• Where hot water is provided from a single source with a number of outlets which cannot be tested due to access.

How do we overcome such issues?

• It is important that communal areas are assessed or scheduled for assessment on a running programme. All risks identified in communal areas should be addressed and managed.

• Communicate with your tenants, ask the right questions to determine any water supply issues. Tenants can also help with identifying tank and system locations so use their valid knowledge to gain information on your properties.

• Where intelligence indicates the requirement for a survey or inspection appoint a competent person to assess the accessible systems and address any issues identified in a timely manner.

• Review previous maintenance history.

• Provide general water management advice and information to tenants that enables them to take care of the water services in a way which will reduce the risks to themselves and the Organisations’ reputation.
  

  Educating your tenants on water hygiene practices and the risks of Legionella will serve you well should a situation arise.

• It is extremely important that Housing aAssociations and Landlords retain records specifically relating to legionella management and control. The records are to be used to demonstrate clear efforts towards the management of the risks associated with legionella. Records should include site risk assessments, routine inspections and remedial actions taken to reduce the risk of legionella.

What not to do:

Whilst it is generally accepted that the risk of legionella infection from well maintained and permanently occupied residential accommodation is low. There are a number of situations that can magnify the risks at any particular location and time.

It is extremely important to emphasise that if you do nothing to manage the risk of legionella infection in your portfolio of properties, then you will have an increased exposure to risk of litigation from your employees, visitors and tenants. Further to this your may be putting many of your own staff and susceptible clients at significant risk.

Ignoring the issue will only amplify the problems in the long run. Such action could result in significant public embarrassment and exposure for your organisation which could significantly damage the long term reputation or standing of the Organisation.

If you need further information or would like to arrange a meeting to discuss how we could support you as a Landlord or Organisation please contact us Today!