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The law now provides clear guidance concerning the control of legionella in hot water and cold water systems, cooling and heating systems.
The updated guidance was initially intended for people like employers rather than landlords. The law is now clear that the rules do apply to residential landlords and they, as the person in control of the premises and responsible for the water systems in their premises, have a legal duty to ensure that the risk of exposure of tenants to legionella is properly assessed and controlled.
Where a letting agent is used, Access Legal can ensure the management contract specifies who has responsibility for maintenance and safety checks. This includes managing the risk from legionella. Where there is no contract or agreement in place the duty is placed on whoever has control of the premises. In most cases this will be the landlord.
Not all systems require elaborate control measures. The law requires simple, proportionate and practical actions to be taken, including identifying and assessing sources of risk, managing the risk, preventing or controlling the risk and periodically checking that any control measures are effective.