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TrainingOUR SERVICE EXPLAINED
Legionella bacteria is commonly found in water. Inhaling airborne water droplets containing legionella bacteria can cause potentially fatal Legionnaires’ disease. Integrated Compliance will help you manage legionella in hot and cold water systems and will work with you to identify and reduce the risks.
All businesses and organisations with public access to their water have a legal duty of care to ensure that a risk assessment is in place to monitor for legionella, a deadly waterborne bacterium. In the event of an outbreak of legionnaires’ disease, the authorities will require evidence of risk assessment, monitoring and maintenance, without this in place organisations will be dealt with most severely by the Health and Safety Executive (HSE). Failure to meet with the required compliance requirements may result in prosecution and litigation.
Is the landlord able to access a property for safety checks?
The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property. Further information is provided in regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.
A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants:
- Leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details.
- Write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant’s own safety. Give the tenant the opportunity to arrange their own appointment.
HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.find out more