Written By Em

Em

Em Morley

Combating Legionnaires’ Disease

Published On: November 10, 2015 at 12:26 pm

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Categories: Landlord News

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Here at Landlord News, we are committed to giving our readers advice on how best to avoid and manage risks from Legionella and Legionnaires’ disease.

Information included in this guide will cover features such as identifying the disease, who is responsible for managing certain premises and understanding duties to comply with health and safety legislation.

There are a number of risks to exposure to Legionella within workplaces, homes and public places. With the correct guidance, we can work together to reduce risks to ensure that we all contribute to minimizing or eradicating the threat of the disease.

What is Legionnaires disease?

Legionella bacteria can cause a number of diseases, known collectively as Legionellosis. The most serious conditions caused by this bacteria is Legionnaire’s disease. This is a potentially life-ending form of pneumonia with everybody at risk of infection. Susceptibility to the infection increases with age, with smokers, heavy drinkers and people with diabetes or an impaired immune system more vulnerable.

Where it comes from 

The bacterium that causes the infection, Legionella pneumophila are widespread in natural water sources, such as rivers, ponds and lakes. However, it is normally only found in low numbers in these areas and conditions are usually not conducive enough for it to be harmful to humans.

More commonly, the infection is likely to cause illness when found in purpose-built water systems, such as cooling towers, hot and cold water appliances and spa or swimming pools. Favourable conditions, where temperature is kept high enough for the bacteria to spread, can lead to increased risk of infection or in extreme cases, fatalities.

How can people catch it?

People catch Legionnaires’ disease by inhaling aerosols (small droplets of water) that contain the harmful bacteria. Conditions conducive to the spreading of the disease are water systems with a temperature between 20-45% degrees and anywhere water is re-circulated. Additionally, risk of legionella is increased where there are deposits for bacterial growth to be supported by a source of nutrients, such as rust, organic matter and sledge.

Risks in the workplace

Any water systems, exposed to the right conditions, could be a breeding ground for legionella bacteria. The most common risk in the workplace include but are not limited to:

  • water-coolers
  • humidifiers
  • air washers
  • showers
  • water fountains
  • cooling towers

Risk assessments

It is the duty of the employer or someone in legal control of the premises, ie a landlord or agent, to not only understand but also manage the risk of legionella. All systems must be subjected a risk assessment. These need not always be anything elaborate and will hopefully show that risks of contracting the disease is low and is already being sufficiently managed. However, these assessments must be reviewed on a regularly basis.

Under the Health and Safety at Work Act 1974, duties were extended to make it a legal responsibility for employers to tackle risks from legionella bacteria that could arise from work-based responsibilities.

Moreover, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) gives a set of actions intended to identify, prevent or control risks of bacteria such as Legionella. Efficient precautions must then be undertaken.

Thorough advice on dealing with the threat of these risks can be found in The Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems.

Responsibilities

The employer or person in control of a property is legally obliged for the upkeep and implementation of health and safety measures. This means that it is the role of the responsible person to reduce and manage risks of exposure to legionella.

The responsible person is required to:

  • identify and assess the main sources of risk of legionella

    Graham Fowell, The Hit Man, www.caricaturesandcartoons.co.uk

    Graham Fowell, The Hit Man, www.caricaturesandcartoons.co.uk

  • manage any identified risk
  • control or prevent this risk
  • keep up to date records
  • continue to carry out other duties

Identifying risks

Carrying out a risk assessment is the duty of the responsible person. Advice must be sought from outside sources if this person feels that they cannot individually manage the assessment.

It is the duty of the person managing the risks to understand all water systems in the property and the equipment relating to them, such as pumps and heat exchangers. Then, the constituent parts must be assessed and if they pose a threat to exposure from legionella must be managed accordingly.

Alongside taking into account features such as the water temperature and the surrounding conditions, susceptibility of employees, residents or visitors must be taken into account. Illness, weak immune systems and direct exposure to contaminated water should all be considered.

All risk assessments should include:

  • full management responsibilities, which should include the name of the competent person and a full description of each system
  • details of the competence and qualifications of key personnel
  • all risks identified
  • means of preventing or controlling the risk
  • inspection and ongoing monitoring procedures
  • keeping records of all inspections and checks
  • overseeing and planning arrangements to continue with regular assessments

If a satisfactory outcome is reached following a risk assessment, ie there is no forseeable or immediate risk and a sufficient system is in place, then the assessment is complete. No further action is necessary, but controls must be continued and all assessments reviewed on a regular basis.

Managing risks

An employer or person controlling a premises is responsible for appointing somebody competent in order to assist them with health and safety duties. They then accrue responsibility for controlling an identified risk of legionella bacteria. The competent person is otherwise known as the responsible person and is a someone with substantial authority, competence, relevant skills, knowledge and experience. An appointed responsible person is one or a combination of:

  • the employer or owner premises owner
  • one or more employees
  • a third party contact

In cases where several people are responsible for managing risks, for example because of a shift pattern, all competent persons must be aware of their duties. Where contractors are employed to assist with features such as water treatment, it is still the responsibility of the responsible person to ensure that any action is carried out in a suitable manner.

Prevention

As an initial measure, the responsible person(s) must consider if the risk of legionella can be prevented. This could be as simple as changing a wet cooling tower with a dry air-cooled system. The ultimate goal is to design, control and efficiently operate water systems in an environment that either prevents or substantially eases the growth of legionella bacterium.

If a risk is identified which proves unable to prevent, a course of action must be provided in order to assist in managing the risk of legionella moving forwards.

A written control scheme must describe:

  • the system being assessed
  • the responsible persons carrying out the check
  • how the system safely operates
  • what control methods are planned to be used
  • how further checks for legionella risks will be carried out

As a general checklist, competent persons must:

  • ensure water release spray is efficiently controlled
  • avoid temperatures that favour the growth and spread of legionella and other bacteria
  • make sure that water is not able to stagnate in the system by keeping pipe lengths short
  • avoid the use of materials that are conducive to the growth of legionella. Where possible, use the recommended materials listed in the Water Fittings & Materials Directory
  • clean the systems regularly
  • monitor control measures introduced

Recording

Employers with five or more employees must record all significant findings from their assessments. In particular, the most severe risks, along with the measures taken to prevent or control these, must be recorded.

These records should include:

  • the person(s) conducting the assessment
  • findings from the assessment
  • details of the implementation of a written control scheme
  • operational statistics of the system in question
  • results of any previous tests, with the date they were carried out

Additionally, under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992, the responsible person must notify their local council in writing if there is a cooling tower or evaporative condenser on site. Details of the device should include where it is located, the date on which it was first used and if it is still in regular usage.

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), the competent person must report any case of legionellosis in an employee. This is particularly important for employees who have been working on cooling towers or hot and cold systems that are likely to be contaminated.

Symptoms and Treatment for Legionnaires’

Symptoms associated with Legionnaires’ disease are very similar to those experienced by someone who has the flu. Typical symptoms include:

  • high temperatures
  • coughing
  • muscular pains
  • headache
  • diarrhoea
  • mental confusions

Legionnaires’ disease can be treated with an antibiotic, usually erythromycin or similar. The disease is not known to spread between persons.

More useful information can be found at the HSE website.

Landlord News would like to thank Graham Fowell, ‘The Hit Man,’ for kindly providing the illustration for the article. More of Graham’s work can be found at www.caricaturesandcartoons.co.uk 

 

 

 

 

 

 

 

 

 

Rent gap between London and rest of UK grows

Published On: November 10, 2015 at 11:56 am

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Categories: Property News

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The void between the pace of yearly rent rises in the capital and the rest of the UK has grown again, according to data from the latest HomeLet Rental Index.

After shortening during the summer months, the gap widened in the third quarter of 2015, with rents up annually by 7.5% year on year in London and 3.5% in the rest of Britain.

Capital gains

On average, tenants in London paid £1,560 per month, over £800 more than the rest of the UK. For the second consecutive month however, rents are rising most quickly in Scotland, where a 9% rise was recorded.

With the pace of rent rises slowing over the Autumn months, rent inflation has grown in nine of the twelve regions. The only exceptions were the North West of England, where rents were down by 4.9%, Northern Ireland (-2.1%) and East Anglia (-1.2%).

In addition, the October index shows new views from tenants about the rental market. Results show that a number of tenants are renting their home for the long-term and that value is placed on a good relationship with their landlord.

Rent gap between London and rest of UK grows

Rent gap between London and rest of UK grows

Trust

64% of respondents said that they wanted to continue renting for one year or more, with 90% saying that they were happy with their landlord. This said, 71% noted that they would prefer to own a home, with 66% believing that saving for a deposit is the greatest barrier preventing this.

Martin Totty, chief executive of HomeLet parent company Barbon Insurance Group, said, ‘our survey showed that many tenants ultimately aspire to own their own home, but that just over half of them aren’t actively saving for a deposit yet. 66% of those questioned said that a deposit wasn’t affordable for them.’[1]

‘However, the positive news is that almost nine out of ten tenants told us that they were happy with the standard of their current rented property and the majority of tenants told us they were happy with the service provided by their landlord or letting agent. Whilst we are seeing upward pressure on the rental market it’s important that the sector continues to drive professional standards forwards for mutual benefit of tenants, landlords and letting agents,’ Totty added.[1]

[1] http://www.propertywire.com/news/europe/uk-rental-market-index-2015111011185.html

 

 

Lack of knowledge over property leases

Published On: November 10, 2015 at 10:58 am

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Categories: Property News

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A shocking new survey has indicated that many property owners in Britain who are leaseholders do not know enough about how the system works.

This is due to poor advice being passed on by conveyancing solicitors, according to the investigation conducted by law firm Bolt Burden Kemp.

Knowledge

The firm believes that some owners have a very poor understanding on how leases work, what to do to get them extended and the consequences of not extending a short lease.

Results from the survey show that over half of leaseholders are unaware of an 80 year old rule that states once the time left on a lease falls below 80 years, an extension will immediately cost thousands, if not hundreds of thousands, to renew.

Nearly all flats and apartments in England and Wales are leasehold property, yet only a fifth of leaseholders know that they have leases with less than 80 years let. They therefore are facing lofty bills to extend their agreement. Worryingly, 36% do not know the length of their lease.

Leaseholders are said to not know that they can extend their lease following two full years of ownership. Bolt Burden Kemp points out that a lease with less than 80 years left to run becomes less valuable, leaving the owner with a diminishing asset.

Lack of information

In addition, the survey shows many respondents were not given basic information about the importance of the length of a lease. It points out that buying a leasehold can be full of underlying issues and a lack of knowledge can lead to expensive problems.

‘It is clear from these results that leaseholders are simply not being given enough information by their professional advisors before buying flats and apartments,’ noted Stephen Hill, partner at Bolt Burdon Kemp. ‘This is creating a ticking time bomb for many leaseholders.’[1]

Lack of knowledge over property leases

Lack of knowledge over property leases

‘Not knowing the length of your lease of the impact if it balls 80 years is very serious, it could mean you struggle to sell the property or renew your mortgage. Solicitors and conveyancers advising leaseholders must do more to ensure property owners are fully aware of what they are getting themselves into when they buy a lease,’ he added.[2]

Results from the survey indicate that 39% of respondents were not advised of the significance of the 80 year rule when purchasing a property. 42% were told not to take legal advise in time before their lease dropped below the 80 year mark.

Calculations

The law currently states that when an unexpired term of lease falls below 80 years, the calculations to work out the cost of an extension changes. When a lease is extended, the freehold becomes less valuable. Should the lease have less than 80 years left, when a leaseholders comes to extend, the law states that compensation for any lost value should be paid to the freehold owner.

Despite half of those surveyed knowing that their lease had more than 80 years left to run when they purchased their home, 20% said that bought a home which had less than 80 years left on the lease. 29% could not remember.

Hill believes that, ‘the general lack of knowledge around the 80 year rule is shocking. This is one of the first things property buyers should be enquiring about when they are looking to buy a home which has a leasehold title rather than a freehold.’[3]

[1] http://www.propertywire.com/news/europe/uk-residential-property-leases-2015110911182.html

 

 

Scottish Landlords Could Face Jail Over Evictions

Published On: November 10, 2015 at 10:09 am

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Scottish landlords that lie when demanding their properties back could face jail under new laws.

Scottish Landlords Could Face Jail Over Evictions

Scottish Landlords Could Face Jail Over Evictions

In Scotland, the no fault ground for possession is set to be phased out, as detailed in the Private Housing (Tenancies) (Scotland) Bill.

Instead, landlords must claim other grounds if they wish to regain possession of the property, such as wanting the home back to sell or refurbish, or wishing to move into it themselves.

The Chief Executive of Homeless Action Scotland, Robert Aldridge, warns MSPs that landlords could lie about their real reasons for wanting to regain possession of their properties in the future.

He adds that the grounds for eviction, as set out in the bill, do not offer “reasonable protection” for tenants.

In a written submission, Aldridge states: “The penalties for wrongful termination are far too weak. A penalty of only three months’ rent is not a real deterrent for those who deliberately seek to misuse the system.

“In our view, deliberately using false information to achieve an eviction should be regarded as an illegal eviction and subject to criminal law, with the possibility of both a jail sentence and substantial fines.”

He insists that there must be a “clear strong deterrent for those rogue landlords who seek to misuse the grounds”1.

The new laws mean that landlords will no longer be able to regain possession of their property simply because the fixed term of the tenancy has ended.

Landlords fear that the removal of their right to end a tenancy will “harm confidence” among investors. They also warn that it could make it more difficult for some renters to find suitable homes.

The Scottish Association of Landlords writes: “If this proposal is introduced, we believe the outcome will not be the desired improvements in security of tenure or affordability for tenants.

“We believe that the main consequences of these proposals will be to drive knowledgeable and skilled landlords out of the Scottish private rented sector, encourage landlords to be more selective in the tenants they choose, discourage future investment and ultimately lead to a shortage of properties in the sector.”1

1 http://www.scotsman.com/news/politics/lying-landlords-should-be-jailed-1-3940827#axzz3r4xuZ000

Mandatory HMO Licensing to be Extended

Published On: November 9, 2015 at 4:10 pm

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The compulsory House in Multiple Occupation (HMO) licensing scheme is set to be extended to include two-storey homes and bungalows. It will also enforce a minimum bedroom size rule.

The new regime means that from next year, all HMOs in England with five or more occupants would be included in the mandatory licensing scheme.

Mandatory HMO Licensing to be Extended

Mandatory HMO Licensing to be Extended

The crackdown on single-storey properties is set to combat beds in sheds. The minimum bedroom size would be 6.5 square metres.

The proposal also suggests that some blocks of flats should be classed as HMOs if they have been converted to a poor standard.

At present, the obligatory scheme applies to shared rental properties of three or more storeys, occupied by five or more renters that do not form a single household.

A new consultation on the matter has opened, which proposes an extension to the mandatory scheme throughout England. It would still stick to the five or more tenants and at least two households rules.

The technical discussion document relates to comments made by the Prime Minister in May, when he announced a new mandatory licensing scheme.

The paper, released by the Department for Communities and Local Government, claims that some landlords are not just failing to operate their HMOs properly, but are exploiting renters, “and often the public purse through housing benefit, by renting substandard, overcrowded and dangerous accommodation to vulnerable tenants”.

It notes that not all local authorities have introduced their own additional licensing schemes.

It states: “Many landlords and agents do an excellent job in managing their HMOs to high professional standards, but that is far from universal.”

It adds that it has become “an increasing priority to ensure smaller HMOs are adequately protected and properly managed”.

Currently, landlords are exempt from selective licensing schemes if they let to family members. However, the Government plans to remove this exemption, as it believes it has been abused.

The document says that local authorities have spent time and money trying to establish the identities of various tenants.

The consultation closes on 18th December 2015, with the changes set to be introduced next year.

Meanwhile, local authorities are planning to introduce their own additional licensing schemes, including those that encompass large areas or even the whole city or borough, covering all rental properties.

The latest scheme is in the London Borough of Hammersmith & Fulham, which plans to introduce licensing to all private rental homes in one fifth of the borough.

In Blackpool, the first five prosecutions have been brought against landlords that have failed to apply for licenses.

The new consultation document can be found here: https://www.gov.uk/government/consultations/extending-mandatory-licensing-of-houses-in-multiple-occupation-and-related-reforms

Letting agent slammed for taking housing benefit from charity

Published On: November 9, 2015 at 3:07 pm

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A letting agent has been slammed after taking a whopping £5.5m in housing benefit from a charity housing homeless people. Campaigners have described the act as a, ‘worrying arrangement.’

Investing Solutions, operational across seven London boroughs, received the money over a two-year period from the Fresh Start Housing, which pledges to find properties for single, homeless men.

Investigation

According to a BBC investigation, the company, based in York Road, Battersea, has earned an £11,568 annual profit from one single property. The company nor the charity have broken the law with their actions, but understandably, campaigners have described the arrangement as ‘exploitation.’

The investigation found evidence of some Investing Solutions properties were substandard, with issues such as rat infestation and damp in many homes.

Candida Jones, Labour councillor at Wandsworth Council, commented that, ‘it is shocking that so much public money can be paid to house some of our most vulnerable people in filthy and dangerous conditions.’ She feels that, ‘in a properly regulated housing market exploitation of this kind could not have happened.’[1]

‘I can’t understand why alarm bells were not ringing at Wandsworth Council. They are flat-footed when it comes to investigating local landlords.’[1]

Letting agent slammed for taking housing benefit from charity

Letting agent slammed for taking housing benefit from charity

Terrible

As spokeswoman for housing charity Crisis said that longer-term tenancies and an obligatory register for landlords would assist in protecting tenants. She noted that, ‘too often, people who are at risk of homelessness are in a terrible situation.’[1]

‘It is evident the people at the lower end of the market are so vulnerable. We know that private companies are exploiting people-it is worrying. In a market where demand has grown so much, it is unsurprising that this sort of thing is happening.’[1]

However, company director Samir Patel, denied that there was a link between Investing Solutions and charity Fresh Start Housing. He would neither confirm or deny that £5.5m was given to his company during the period, but noted that figure was possibly accurate.

Mr Patel said,’ we lease properties from landlords. We house homeless people in need. We do not charge them any fees. These clients are in desperate need of housing. I could rent to working people and get more money but we think of this as a win-win situation because the homeless are getting homes.’[1]

‘If the council could house them there would not be a demand for our homes,’ he added.[1]

[1] http://www.standard.co.uk/news/london/letting-agency-took-55million-in-housing-benefit-over-two-years-from-charity-which-housed-the-a3109156.html