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Some consultants and letting agents are using the revised L8 Approved Code of Practice to suggest that new legislation has been imposed on landlords of domestic rented properties for managing and controlling the risks of exposure to Legionella bacteria of their tenants. This is wrong, the legislation has not changed and misinformation/misinterpretation can impose unnecessary financial burdens on landlords where they are being charged for Legionella testing and certificates they don’t actually need.
There is a legal duty for landlords to assess and control the risk of exposure to Legionella bacteria, but Health and Safety law does not require landlords to produce or obtain, nor does HSE recognise a ‘Legionnaires testing certificate’. Legionella testing or sampling is generally not required in domestic hot and cold water systems and then only in exceptional circumstances.
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibility to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
For more information, please see the HSE website;
http://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm
http://www.hse.gov.uk/legionnaires/faqs.htm
Thank you to Neil Hoppitt at The Bateman Group (http://www.bateman-group.co.uk/) for the above article from HSE.
