Landlords’ responsibilities in relation to Legionella and smoke/carbon monoxide detectors

Introduction 

Let Correct includes a Legionella risk assessment as part of our property management packages. This guidance, however, which we have produced free for anyone to use, is just one of the ways we strive to add value for Landlords.

The guidance is based on the House of Commons briefing paper 07307, which references several pieces of legislation concerning Legionella.

While some of the actions and controls required by these documents may seem excessive or unnecessary, they are part of the legal framework governing Landlords. With new regulations on the horizon, the government is increasingly determined to regulate and enforce regulations in the private rental market. This protects both Landlords and Tenants from the negative consequences of bad actors in the sector.

We hope this guidance is valuable, and as always, Let Correct is here to answer any questions you may have.

Smoke Alarms and Carbon Monoxide Detectors:

Prior to October 1, 2015, there was no statutory requirement for private landlords to install smoke alarms and carbon monoxide detectors. The regulations that came into force on this date now mandate such installations.

🏠 Specific Requirements: Smoke alarms are required on every storey of a rented property, and carbon monoxide detectors in any room with a solid fuel combustion appliance.

🏛️ Parliamentary Approval: Draft regulations were presented to Parliament on March 16, 2015, and underwent scrutiny by various committees. Despite challenges, the regulations were approved on September 15, 2015.

Legionnaires’ Disease:

💧 Overview: Legionnaires’ disease, caused by Legionella bacteria, is a serious illness that landlords must take measures to prevent in their properties.

📋 Legal Responsibilities: Landlords must ensure their properties are free from health hazards, which includes conducting and maintaining risk assessments for Legionella.

🔍 Risk Assessment: Landlords need to understand their water systems and identify potential risks. Most residential properties can be assessed by the landlords themselves if they have sufficient knowledge.

🕵️ Record Keeping: Proper records must be kept for properties housing five or more persons, including the details of risk assessments, control measures, and monitoring procedures.

Legionella FAQ:

Is Legionella legislation new?

No. The requirement has been in generic health and safety law since 1975 (The Health and Safety at work Act). The most recent guidance was published in 2014 (HSG 274).

Why haven’t Landlords been carrying out assessments until now?

The Approved Code of Practice L8 (2013) revision, which highlights the residential accommodation Landlords’ responsibilities, gave an increased status to risk assessments, the role of a ‘responsible person’, the control scheme, review of control measures, and duties and responsibilities of those involved in the supply of water systems.

The HSG 274 (2014) provides technical guidance on how to do so. The House of Commons Briefing Paper Number 07307 (2015) details Landlords’ responsibilities in relation to Legionella and smoke/carbon monoxide detectors. Bs 8580-1:2019 Water Quality - Risk assessments for Legionella control is a code of practice to accompany the regulations.

What is Legionella?

Legionnaire's disease is a potentially lethal form of pneumonia caused by the bacteria Legionella. Legionella cannot reasonably survive in temperatures over 50°C for more than two hours. In temperatures below 15°C, Legionella will struggle to reproduce. That means that anywhere between 15°C and 50°C is an environment where Legionella can be active.

Biofilm (slime), sediment, sludge and limescale are the main sources of food for Legionella. All micro-organisms form biofilm to protect against adverse conditions. Water movement can break this film up, moving bacteria into other parts of the water system. Biofilms are more likely to form under the following conditions:

• Where nutrients are present, both in water and in materials used
• Limescale and corrosion
• Warm water conditions
• Stagnation or reduced flow of water.

WRAS (Water Regulations Advisory Scheme) produced a fittings and materials directory suitable for plumbing use. The following materials have the potential to directly encourage Legionella growth:

• Metals, particularly iron (rust)
• Jointing compounds containing hemp and/or linseed oil
• Latex and other rubber compounds
• Leather, rope

Where can Legionella be found?

‍Doubling in number roughly every 12 hours, Legionella can reach dangerous levels in approximately 9 days. The longer that water is left to stagnate, the greater the level of the bacteria. If water in a typical hot and cold system is not used for a period of 2-3 weeks, it is highly recommended that outlets are run for a short time to flush out any bacteria.

Do you flush your outlets after getting back from holiday? It may form part of your necessary control measures.

Legionella are widespread across natural water systems, although in very small numbers. Almost all outbreaks of the illnesses associated with Legionella stem from growths that have occurred in man-made systems. This is due to the concentrated sources of food for the bacteria in water maintained at a temperature high enough to encourage growth.

‍Legionella controls are typically aimed at industrial and commercial systems, but for residential Landlords the areas to watch out for are hot and cold water systems (incoming water, outlets, showers and associated piping), ice making machines, spa pools and hot tubs, and anywhere else where water may stagnate or otherwise become aerosolised. Due to the nature of the systems, household air-conditioning units are not considered risks for Legionella contamination.

‍Who is at risk?

• The elderly and the very young
• Smokers and heavy drinkers
• Sufferers of chronic respiratory or kidney disease
• Diabetics, or sufferers of lung and/or heart disease
• Anybody with an impaired immune system

Legionella can be very dangerous, and even when not fatal it has been shown to have permanent long term effects on respiratory systems.

‍What is a risk assessment?

‍In this application the informal definition of ‘Common Sense Written Down’ applies. Any risks must be identified and mitigated having regard to what is technically feasible and proportionate to the risk. 

As it is a legal obligation for Landlords to act for the safety of their Tenants, a Legionella risk assessment is deemed a legal requirement. It is then required to eliminate and control any risks so far as is reasonably practical. 

‍What do I need for a Legionella risk assessment?

‍Given the correct knowledge, and an understanding of the specific water systems within the property, a digital thermometer is all the equipment necessary to carry out a Legionella risk assessment. 

There are testing kits available which will allow the user to test for the presence of the Legionella bacteria, but these should only be used where the suspicion of a proliferation exists. As with all equipment, it is important that regular calibration is carried out to maintain accuracy. 

‍What controls can be put in place?

‍In the vast majority of residential systems, controls termed ‘simple measures’ include temperature control, and the flushing and cleaning of outlets. However, should the system include ‘components of risk’ such as disused piping, dead/blind end, dead leg, sentinel outlets, thermostatic mixer valves, or other areas with potential to house and stimulate growth, these may constitute the need for further action to prevent contamination. 

The important factor is that if risks are present which cannot be eliminated, a written control scheme should be prepared, implemented and properly managed for preventing or controlling legionella. In larger residences, of five people or more, the control scheme should include an incident plan, in case of exposure. 

‍Risks of smaller hot and cold water systems

‍In high flow-rate situations on smaller combination boilers or instantaneous water heaters, warm water may leave the system without reaching the target temperature (50°C or higher to kill the bacteria). If in constant use, the risk remains low due to lack of time given to bacteria to reproduce. However, should the high-flow rate be followed by a lull in activity, this may provide opportunity for a legionella colony to develop. (i.e. a bath run that will not be used again for over nine days.)

In combination hot and cold water heaters, possible cross-contamination and poor temperature control should be considered as part of the risk assessment. The control here may be a required routine flushing of the header tank.

In indirect heating calorifier vessels, a shunt pump is recommended to be activated at least daily during the point of highest temperature (lowest demand). This is in the case that a heating vessel/cylinder larger than is typically required by the household, where water may stratify into temperate bands within the vessel.

Control Systems Overview

In general, the following rules, following a risk assessment, will constitute the controls:

• Avoidance of water temperatures and conditions which could encourage bacterial growth
• Avoidance of water stagnation
• Correct selection of materials
• Maintenance of water systems cleanliness
• Use of water treatment where applicable
• Actions to ensure the safe and correct operation and maintenance of water systems.

Control Measures (What to check when performing a risk assessment)

‍Cold Water Storage

• Should ideally be sized to supply no more than one day’s usage
• Should ideally be sited in a cool place
• Multiple tanks should be linked in a way that ensures flow-through
• Should be thermally insulated
• Should possess a tight fitting lid
• Water overflow should be fitted with an insect screen
• Water surface should be clean with no debris/contamination
• Incoming water should be no more than 20°C
• Access should be provided for inlet valve maintenance, inspection and cleaning
• A tundish may be needed to prevent hot water discharge into the header tank

Hot Water Storage

• Should ideally be sized to supply no more than one day’s usage
• Should be insulated
• Should deliver outgoing water of at least 60°C, and a gauge could be fitted to ensure this is being achieved
• The circulation loop (in a recirculating system) should be designed to give a return temperature of at least 50°C, with a gauge fitted to ensure this is being achieved
• Vent pipe should be large enough and suitably sited to prevent regular discharge
• In the event of discharge, a tundish should prevent discharge into the cold water storage
• Should have a drain valve easily accessible to remove accumulated sludge
• Larger calorifiers should be fitted with devices to prevent stagnation/stratification of the stored water (e.g. shunt valve/pump)

Hot and Cold water distribution

• Parallel pipes should be insulated to minimise heat transfer between the two
• Low use outlets should be installed upstream of higher use outlets to maintain frequent flow where possible
• Water temperature at hot outlets should be measured, to ensure it can reach a temperature of at least 50°C within a minute of running the water (barring TMV)
• Trace heating may be installed in parts of the system that may not otherwise reach 50°C within one minute. In domestic settings, it is recommended to discover the cause of this and address
• Water temperature should be below 20°C after running the outlet for two minutes
• Redundant pipework should be removed/cut back as far as possible to a common supply
• Pipe spurs should be a maximum of 5 metres (Domestic Hot Water Services Guidelines)
• Material known to encourage Legionella growth (e.g. old flexible hoses) should be avoided/replaced wherever possible

Thermostatic Mixer Valves (TMVs)

• Where possible, the unit should be incorporated into the tap fitting. Mixing at the point of outlet is preferable
• TMVs fitted with low flow rate spray taps, the risk is increased (aerosolisation)
• TMV valves should be as close to the POU as possible to minimise storage of blended water (max 2m)
• Where a single TMV serves multiple taps, the risk is increased
• Where TMVs supply multiple outlets, one or more may be a low-use or zero-use outlet
• TMVs should be tested annually:
  
  • Hot pipe supplying TMV must reach 50°C in one minute
  • If not possible to test supply, outlet must reach 39°C as a minimum
  • The cold pipe should reach 20°C within two minutes
  • The cold tap should be turned off, ensuring the valve shuts
• TMVs should only be used in instances where there is a risk of scalding

Maintenance

• Storage tanks and cylinders should be cleaned periodically
• Any tank, cylinder or pipe insulation should be maintained to ensure effectiveness
• Shower heads and hoses should be dismantled, cleaned and de-scaled at least quarterly
• Infrequently used outlets should be flushed through to drain for several minutes weekly
• Records of temperature readings at cylinders, tanks and sentinel outlets should be kept
• Where failures are found, corrective action must be taken
• A checklist for ongoing maintenance procedures is provided in HSG 274 Part 2 (Table 2.1)

Reviewing the Assessment

The assessment and the controls put in place should form part of a ‘living’ document, that must be reviewed to keep up to date. This may be necessary due to:

• Changes to the water system or its use
• Changes to the use of the building
• The availability of new information about risks or controls
• The results of checks indicating failing controls
• Changes to key personnel (Agent/Landlord)
• Changes to the occupiers of the premises
• A confirmed case of Legionella-associated disease associated with the system

Useful Links

Legionella and landlords' responsibilities (HSE) - https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

‍Legionnaires' disease - The control of legionella bacteria in water systems - L8 (HSE) - https://www.hse.gov.uk/pubns/books/l8.htm

‍Legionnaires' disease - HSG 274 (HSE) - https://www.hse.gov.uk/pubns/books/hsg274.htm

‍The House of Commons Briefing Paper Number 07307 - http://researchbriefings.files.parliament.uk/documents/CBP-7307/CBP-7307.pdf

‍Protect Your Property and Tenants with Let Correct's Property Management

Let Correct offers comprehensive property management packages, including Legionella risk assessments to ensure your compliance with legal requirements. Our services are based on the latest government guidelines and regulations, giving you peace of mind and protecting you from potential legal action.

Don't risk the health and safety of your tenants or the value of your property. With the government increasing regulations in the private rental market, ensure you're protected with Let Correct's expert property management services. Contact us today for a free consultation and learn how we can add value to your rental property.