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Legionella risk assesment

Started by DSH, June 24, 2015, 02:41:26 PM

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DSH

Hello All

I am a new landlord, having just converted an office building into 3 flats and 2 studios.
My letting agent has just informed me (after the tenants moved in) that I need a Legionella risk assessment on each dwelling @ £150 each. From what I have read online in my case this would only need a thermometer under each running tap and stating the risk is very low as they are all newly refurbished? - does anyone have any experience of doing this themselves or can recommend someone that might consider a price for doing all 5.

yukon

HI
just had £150 deducted by my letting agent for a Legionella risk assessment which i did not authorise does anyone know if this is now required by law ?

rmart

i have just had my letting agent ask me to pay £80 for this, has anyone seen lraregister.co.uk ? they say you can do it yourself for just under £20 has anyone used it ?

theangrylandlord

Please be careful of advice received from websites (including my own) and always do your own research.
Obviously I cannot understand your full situation from a small blog....

Seriously have people paid £150 for this?.
Good grief I am in the wrong job.....

RMART the rest of this answer is dependent a little on your property but if it is just a house or flat/single dwelling then practically an untrained chimpanzee could do this and if you really want to chuck away £20 (or even better £80) then I can send you my account details...all donations are most welcome.

Go on the Internet, search legionnaire risk assesment, download a form and fill it in yourself.
Unless you have a swimming pool or a cold storage tank serving a bunch of flats then the risk is so close to zero it's hard to fathom.
The agent is right - legally you need to have this but you can do it yourself if you have half a brain.

As an aside the agent is trying to screw you, be aware, they are probably trying this in other areas as well.

Best of luck

theangrylandlord

OMG just had a look at the website you referred to above ...they are charging you for you to do your own Risk Assessment!!!!

I must take my hat of to them...genius..

propertyfag

I think a lot of people are getting confused by the Legionella risk assesment legislation, and understandably so, because I think the guidelines on the HSE website are weak. It says anyone competent can do the assessment, but doesn't explain how.

TheAngryLandlord, what form do you use out of curiosity?

smcclk87

#6
It is not a legal requirement to have one carried out specifically by an agent/third party, it is however a legal requirement to assess the risks. The HSE website even states that it's simply just another bullshit letting agent excuse to fleece you. (Maybe not them exact words.) To be safe, I would definitely get an assessment booked, (especially if the property has been vacant for some time) which you can book yourself for much less than £150.

theangrylandlord

#7
Propertyfag

I modified a template from the Internet. Reformatted it and basically cut out some rubbish but added in some guidelines for the tenants to follow e.g. Cleaning the shower heads.  The assesment is provided to the tenants.   Admittedly this took 30 mins to do but at £150 a pop that was a mighty fine hourly rate.

The following link will take you to the starting point it's an RLA form....

http://www.privatehousinginformation.co.uk/site/files/2318-legionnaires-disease-risk-assessment-guidelines.pdf

Best of luck

jameds

Massive help from T.A.L. right there. Thanks very much.

headache

Just a word of caution,have the check done professionally,God forbid anything happens but you will be in court and you will be questioned by a barrister,believe me any excuses are not often listened to by a judge !
It is how the modern world works,no checks will be made but i would encourage you to balance the cost  against the consequences 
Thanks
Headache

theangrylandlord

#10
Headache

You could go around wearing a crash helmet all the time in case a meteorite were to fall on your head, the risk is that low in a standard dwelling ...nevertheless this is not a case of me telling folks to "chance it -- it will probably be ok"
That I never do without making it clear that is what I am saying...

Golden rule Always go back to the legislation, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide a framework of actions and the Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems (L8) contains practical guidance on how to manage and control the risks in your system.
You need to be "competent"... This is not like a CP12 where you need be Gas Safe registered.
No judge or barrister can hold you to any standard as none exists...other than you be competent which is not defined.

However I'm sure you won't believe me so following is an excerpt from the RLA..
Normally there is no reason why the landlord should not carry out this risk assessment himself/herself so long as they are competent. Usually there will be no need to employ a consultant. The assessment should be a straight forward simple exercise in ordinary domestic premises.

The following is an excerpt from the HSE (government)
Carrying out a risk assessment is your responsibility. You may be competent to carry out the assessment yourself . AND
As a........person in control of premises, you must appoint someone competent to help you meet your health and safety duties........  The appointed responsible person could be one, or a combination of:
yourself
One or more workers
Someone from outside your business


This is not a cost vs consequence issue merely a 'what is needed to meet the requirements'.

Happy to discuss further.

Martha

Sorry if I have missed it, but is there a form somewhere which I can use to do the assessment ?

Thanks

headache

It all depends on how you view being a Landlord,i have always looked at the pessimistic side of letting a house out.
The authorities never seem to check regarding certificates etc but if you ever look at recent court cases the common theme is did the Landlord pay due diligence to the safety of the tenant ? now i for one do not want to be questioned on my competence to carry out a legionnaires test when for a small amount of money i can pay someone to take that responsibly.
Chat to your local trading standards officer,he will tell you pay for the test sleep at night you owe it to your tennant.
Ps i would say the same about electrical safety checks.
Hopefully this is of some help.

Hippogriff


marknabd

Thanks Angry Landlord and all the other replies great help to me and saved me podding out money for nothing.

Martha

Are there any assessment forms online anywhere which  can be used to do record the assessment ?


Martha