The email, passed to Mortgage Solutions, told Reeds Rains customers that due to new legislation they had a legal duty to ensure that;
– The risk of exposure to tenants was properly assessed and controlled
– A professionally trained and accredited body undertakes these duties
– The landlord implements any recommendations
The Reeds Rains email offered to save its customers time and the inconvenience of arranging the assessment for a fee of £120 plus VAT which would cover the cost of an approved contractor to complete the whole process. If landlords chose not to use Reeds Rains they were told to inform them who undertook the assessment on their behalf.
The National Landlords Association (NLA) confirmed the legislation regarding Legionella, a disease caused by bacteria in water systems, came into being in 2001 but had undergone no substantial revisions since then.
It confirmed that a revised version of the code of practice put in place by the legislation was issued in 2013 but landlords’ responsibilities remained the same.
A spokesman from the NLA said: “We’re aware that lately some agents have been in touch with their landlord clients about changes to their responsibility in managing the risk of Legionella, advising landlords to commission or produce a written risk assessment of their water systems from a specialist supplier.
“Landlords have always had a duty to assess and manage the risk of Legionella exposure to their tenants but there’s been no recent change in legislation covering this.”
The NLA said that in most residential properties, where smaller domestic water systems were installed and there was regular use of water, only a simple assessment was needed. This can be carried out by the landlord and if it is found that risks are low nothing more needs to be done.
When Mortgage Solutions asked Reeds Rains about the legitimacy of the statements over new legislation and the legal requirement to use a ‘professionally trained and accredited body’ to undertake the risk assessment it admitted that the information was false.
Corelia Maskell-Moseley, national lettings director for Reeds Rains, apologised if the email was seen to be misleading in any way and its main aim was to highlight the risk of the disease and how landlords could act to prevent it.
In defence of the statement, she said: “We believe that, whilst it may no longer be considered new legislation, the disease now has a higher profile as a result of its ongoing promotion by the HSE (Health and Safety Executive) and that, although it is not necessary for an accredited person to undertake an assessment, there is a need for an accredited person to undertake any remedial work that is necessary.
“The intention of the email was to alert landlords to the disease – on the basis that many are unaware of it – and to suggest they might like to consider our competitively priced Legionella risk assessment. Ultimately, however, it is the decision of the landlord – based on the information and website links provided – as to whether they wish to act on this or not.”
Maskell-Moseley said Reeds Rains takes its responsibilities as a lettings agent very seriously and as part of this it provided ongoing advice and guidance to its landlords about how to protect its tenants.
To find out how to complete a simple risk assessment click HERE to view the HSE Frequently Asked Questions page which gives a complete breakdown of the requirements, under ‘risk assessment’ and ‘as a landlord what are my duties’ tab.
