Private residential tenancy model agreement: easy read notes

Information about the statutory and discretionary clauses in the model private residential tenancy agreement.


19. Legionella

The landlord must take all reasonable steps to reduce the risk of the presence of legionella bacteria.

Legionnaires’ disease is caused by legionella bacteria and is a kind of pneumonia (or lung infection).

The legionella bacteria which causes the disease is sometimes present in cold or hot water systems in buildings. It is therefore important to try to keep the risk as low as possible by taking certain steps.

The landlord must carry out a risk assessment.

Simple control measures can help to minimise the risk of exposure to Legionella. These include:

  • flushing out a water system before the start of a tenancy - so flushing all toilets and running water through all cold and hot water taps and showers for a period of time;
  • avoiding debris getting into the system - for example by making sure that any cold water tanks have a tight fitting lid; and
  • making sure any pipework which is no longer used is removed.

If a property is served directly by mains cold water, then there is only a low risk of legionella bacteria in the cold water, as it flows from a moving supply, not from stored water.

If a property is served by hot water:

  • from a tank which is regularly heated to over 60 degrees centigrade; or
  • from an instant hot water boiler - which does not store heated water, but heats it as it is used,

then, again, there is only a low risk of legionella bacteria in the hot water system.

To keep the risk of legionella bacteria being present in the property low, tenants:

  • should not alter the controls on any hot water system in a way which would increase the legionella risk (for example lowering the regular heat temperature to below 60 degrees);
  • should regularly clean shower heads - as these result in a spray of tiny drops of water which might be breathed into the lungs; and
  • should let the landlord know if the hot water is not heating properly or if there are any other problems with the system.

Contact

Email: housing.legislation@gov.scot

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