Tests required where property let

[HawkEye244]

You've obviously never rented if you think deposit protection or gas safety certificates are a money making racket.

Who benefits from the deposit sitting in a government bank account?

Who benefits from a gas safety cert? The landlord is forced to have it even if they know they don't need it?

The question you should be asking yourself is how ISN'T it a money making racket ?

 

[HawkEye244]

If you continue the link to the next one, at the end of the page, it will show (possibly imply might be a better word) that you need to prove that you've taken adequate steps to ensure the restriction of Legionella. Hence having to give the tenants the assessment when they move in, and to prove that they've received it. I have been advised by my landlords association that If I haven't given them the assessment, then court action can't be taken to evict them should if be necessary, and this is different to the deposit protection scheme.

HSE and Local Authority inspectors do not proactively inspect domestic premises or ask for evidence that landlords have undertaken a risk assessment. However, if a tenant were to contract Legionnaires’ disease from the water system in their home, the landlord may be liable to prosecution under HSWA, and would have to demonstrate to a court that they had fulfilled their legal duty, so it is important that they assess and control the risks (see

But I'd like to thank you for bringing that case to my attention John, as I'll now make an amendment to the standard assessment that I give out to reiterate the steps they need to take in view of holidays, and keeping the shower heads clean. Not that any ony my tenants have contracted Legionnaires disease in 20 years.

Hawkeye, take note for your next tenancy; but are you a member of any of the landlord associations, as they keep me up to date on legislation.



No I'm not; the legislation only covers Legionellas assessment of potential risks. Everything else in the property has to be kept in good condition, otherwise the tenants can report you to environmental health, or worse, and legislation now stops revenge evictions if they report you for any breaches of legislation or safety.

I am, and had a monthly circular actually stating exactly that the legionella assessment is not mandatory 'yet', but I've no doubt it will be eventually, as let's be honest the private landlord is basically a sitting duck for every tax they can think up. I'm dreading the HMO expansion scheme which will eventually grow to encompass every property, so you will need to register and pay a levy to government before you can rent anything at all. Mark my words, that ones coming.

As for legionella itself, I do rent a flat with a megaflow unvented cylinder, so it's in my interest to read up further on this, and was told I can do this myself, also the company that did my EPC wanted to push this testing on me. One of our associations is peddling disinfo though, and I think it may be your one? Either that or the person giving out the info at that particular time misunderstands the legal status when it comes to legionella testing. My understand is that they made recent changes to L8 approved code of practice, and as expected letting agents and the like are using this to push uncessesary testing on landlords, but there's actually been no change to the law per say. You're right though to get on top of it before it becomes officially another steal tax.

 

[ericmark]

And this is in Scotland? Yes I know legionnaires will pass over the borders, but the regulations do not, I am advised by IET that the home should have an EICR done every 10 years or change of occupant, but in Scotland the law requires it far more frequent seem to remember every two years.

I can't answer the guys question as I don't live or work in Scotland, before making a statement about "legal status" do make sure this applies to Scotland.

 

[skenk]

EICR's required for all rented properties in Scotland every 5 years http://www.gov.scot/Topics/Built-En...dlords/repairing-standard/guidance-electrical

 

[ericmark]

Thanks at last some one who knows the Scottish regulations.

 

[Doggit]

Who benefits from the deposit sitting in a government bank account?

The deposit money is held by the deposit scheme holders, so although it's a government requirement, they make nothing from it.

I haven't had my boiler serviced in years, and only get an engineer out when it starts to go wrong, so at times, I do wonder on this part of the legislation, but not all tenants are as savvy as I am, and possibly wouldn't recognise a problem when it occurred, so maybe this one is really about looking after the not so bright in society.

I could be wrong thinking that the Legionella assessment is mandatory, but it's not a chargeable situation, and hopefully it never will be; but as I've said before, it is only an assesment made by a competent person, and no test required.

But it's more than likely that the selective licencing areas will extend, and the three flats I have cost me about £850 every 5 years, and this fee goes to the local council to help run the scheme, (supposedly on a cost reimbursement basis only) - but they are so useless, and it's just a money making scheme to employ people payed for by the landlords rather than the council.

 

[ericmark]

In England and Wales the whole of the local authority building control is supposed to be self funding. However in Wales the fees are fixed by the Welsh assembly and the minimum fee was for the first £2000 worth of work, so rewire the whole house or fit one socket in the kitchen it was the same fee, if the lower limit had been £200 so it cost £10 plus vat then the Part P may have worked, but at £2000 so it is £100 plus vat it was a silly start point and clearly no one is going the register fitting one socket in a kitchen, specially when in England it has been removed from the requirement.

However I seem to remember Scottish fees were more reasonable? And with this thread we are talking about Scottish rules. As to servicing a boiler, it is very likely a boiler manufactured in 1980 could be running today having had a service every 10 years, however the modern boiler has a lot more in it, and as a result needs servicing more often. And if you try to find out if worth having a modern boiler you find yourself reading how it is 117% efficient which is clearly not possible. So one quickly realises all the data is not worth the paper it is written on. However since modern boilers don't last much more than 10 years one has to add £100 to the annual bill to cover replacement once an old boiler is swapped for new, once you do that one realises it is uneconomic to swap a working old boiler for a new one. It only makes sense when old one has failed.

The same can be said for most items, be it a fridge or a car, however even if the old Morris Minor is still running these broke down far more often than a new car, and they would not cruse all day on the motorway at 70 and do not have side impact or any other impact protection so good reason to upgrade.

 

[Doggit]

Well I've had a more detailed look, and it seems that I was wrong. It appears that you need to make an assessment, but it doesn't need to be written down, and no, it doesn't need to be given to the tenants in case you need to evict them, so other I've been given duff advice, or misinterpreted what I read, but hey ho, I'll continue to cover my back by giving it to the tenants when they move in, just for good practice.

But I'd like to say thanks to everyone, as I've gained a lot more knowledge about this regarding descaling etc to avoid any issues, so this was definitely worthwhile for me.

 

[JohnW2]

Well I've had a more detailed look, and it seems that I was wrong. It appears that you need to make an assessment, but it doesn't need to be written down, and no, it doesn't need to be given to the tenants in case you need to evict them, so other I've been given duff advice, or misinterpreted what I read ...

Thanks. That sounds far more reasonable.

... but hey ho, I'll continue to cover my back by giving it to the tenants when they move in, just for good practice.

That's fine if you are absolutely certain that your written assessment is 'bullet proof'. By putting the assessment in writing (when you don't need to), your back/backside would probably be less 'covered' if there were any possibility that the scope, adequacy or 'competence' of your assessment could ever be questioned/challenged, since you will have put all of your cards on the table, in writing.

Kind Regards, John