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Landlords in the UK have a duty of care to ensure that the properties they let out are safe and free from health hazards, but, despite this, new figures from housing charity Shelter suggest that four in ten British Homes aren’t up to standard.
In an attempt to tackle the problem of bad landlords giving the private rented sector a bad name, the Welsh Government has introduced the Rent Smart Scheme, which will require all Welsh landlords to be registered and licensed before 23 November. In order to obtain a licence, landlords must complete training based around their legal responsibilities and obligations. This type of training will hopefully raise the standard of Welsh rental properties, making them safer for tenants and mitigating risks for landlords.
Most landlords are aware of their responsibilities surrounding gas, carbon monoxide and electrical safety – but what about water? A healthy water system is essential to the safe rental of a property, particularly when houses can be left unused for periods of time, potentially creating breeding grounds for Legionella bacteria.
Legionella risk assessment
Under health and safety legislation, landlords are required to perform a risk assessment for Legionnaire’s Disease on rental properties. They can do this themselves if they are familiar with the property’s water systems and are competent to do so, or alternatively they can ask someone with the necessary skills to carry out the risk assessment on their behalf.
The Approved Code of Practice (ACoP) L8, Legionnaires’ disease: The control of bacteria in water systems, gives guidance about the requirements of the risk assessment and the specific health and safety laws that apply.
The risk assessment should cover:
As well as the risk assessment, the landlord’s approach to water safety can keep tenants safe from potential dangers:
If the property is left vacant
Legionella can breed when water is left to stagnate, so if properties are vacant for long periods, for example student accommodation over the summer holidays, then additional action should be considered. To avoid stagnation, hot and cold water systems should be used at least once a week. If this is not practical then systems can be flushed or drained to further minimise risks.
Landlords should make sure tenants are informed of water hygiene risks, so that they can take steps towards the maintenance of the system. Tenants should: