Over the years I have encountered all kinds of landlords and letting and management agents. In the vast majority of cases, they have been rational, knowledgeable and always interested to learn more about more effectively managing their properties. It stands to reason as far as I am concerned, because it is usually exactly this type of person that will get in touch with us, to ask us questions and help them clarify their position in terms of their responsibilities, and it's fantastic!
Every now and then though, we come across a different breed. It is the breed that deliberately want to cut corners, put blame outside of themselves and do not follow any kind of moral or ethical code to maximise their profit and then cry ignorance if they get caught out or have a complaint or other action brought against them.
I recently had a discussion with an agent whom I quote..
It was one of those situations where you couldn't teach an old dog new tricks, however, you probably couldn't teach this old dog any old tricks either.
If a managing agent of 20 years experience has no idea of what the law requires when it comes to Health and Safety within in the private rental sector, frankly, it is a situation that beggars belief!
It is quite likely that this agent will ensure that annual gas safety checks are carried out, and possibly ask to see an electrical installation certificate, but unlikely to be aware of much else, as long as the rent is coming in. If an event occured at a property then it is also likely that the blame would be directed back to the landlord.
On the other hand, I have come across landlords, who tell me with some confidence,
Then when they get in touch with the agent afterwards, the agent tells them one of a couple of things. The first one is, that they don't need to have a legionella risk assessment done at all, or the second one is that again, they haven't even heard of such a thing and its nothing to worry about.
So who exactly IS responsible for arranging a legionella risk assessment?
The person responsible under the legislation (the duty holder) is the person in control of the property.
The management agreement between the landlord and letting/managing agent should clearly stipulate who is responsible for repairs, maintenance and compliance issues, e.g. gas safety certificates.
The party responsible for those will also be responsible for legionella risk assessments. So if the agreement states that the Landlord needs to deal with these issues, then the landlord will be ultimately responsible and if it is a fully managed agreement, then the agent takes responsibility.
Every now and then though, we come across a different breed. It is the breed that deliberately want to cut corners, put blame outside of themselves and do not follow any kind of moral or ethical code to maximise their profit and then cry ignorance if they get caught out or have a complaint or other action brought against them.
I recently had a discussion with an agent whom I quote..
"I've been doing this for 20 years and I have NEVER heard anything about this Legionella thing you're talking about!".
It was one of those situations where you couldn't teach an old dog new tricks, however, you probably couldn't teach this old dog any old tricks either.
If a managing agent of 20 years experience has no idea of what the law requires when it comes to Health and Safety within in the private rental sector, frankly, it is a situation that beggars belief!
It is quite likely that this agent will ensure that annual gas safety checks are carried out, and possibly ask to see an electrical installation certificate, but unlikely to be aware of much else, as long as the rent is coming in. If an event occured at a property then it is also likely that the blame would be directed back to the landlord.
On the other hand, I have come across landlords, who tell me with some confidence,
"My agent looks after all of that"
Then when they get in touch with the agent afterwards, the agent tells them one of a couple of things. The first one is, that they don't need to have a legionella risk assessment done at all, or the second one is that again, they haven't even heard of such a thing and its nothing to worry about.
So who exactly IS responsible for arranging a legionella risk assessment?
The person responsible under the legislation (the duty holder) is the person in control of the property.
The management agreement between the landlord and letting/managing agent should clearly stipulate who is responsible for repairs, maintenance and compliance issues, e.g. gas safety certificates.
The party responsible for those will also be responsible for legionella risk assessments. So if the agreement states that the Landlord needs to deal with these issues, then the landlord will be ultimately responsible and if it is a fully managed agreement, then the agent takes responsibility.
If there is no written agreement, or it does not specify who has responsibility, the duty is placed on whomever has control of the premises and this would have to be argued out in the event of an incident.
I have seen various practices in dealing with the issues of the risk assessment. Some agents, once they are aware of what they need to do inform their landlords that they will be arranging to carry out the assessments on the landlord's behalf, explain why they are necessary and how much they will be charged for this. To this they give landlords the option to opt out and make their own arrangements, but the landlord needs to state this in writing.
This is a really pragmatic approach as in the first instant, the agent has undertaken their duty of care to inform their landlords as to their duties, they have offered to provide a solution so that they landlord has met their duties, and they have also provided the landlord with the option to investigate further and take full responsibilty themselves.
This approach prevents any unnecessary confrontation and complaints directly with the agent and puts the ball firmly in the court of the landlord in terms of how to proceed.
A step further would of course be to ask to have a valid risk assessment forwarded by the landlord should they make their own arrangements so that you have a complete record for the property file.
If you are a letting agent and would like a free, editable template letter to send out to your landlords, then you can get one at the link below.
You will be able to add your own logo and edit the text to suit your specific situation.
If you have any queries or would like to speak to us for advice, then please feel free to give us a call.
CALL NOW ON 0845 077 9335!
No comments:
Post a Comment