Question

During the Tenancy (England) | England | Tenant Obligations (England)

Water provided from bore hole on the land

9 Mar 2021 | 1 comment

Hello A tenant has requested that the landlord provide an annual certificate for the water.  The water is provided within the rent as the water is fed from a bore hole.  Does the landlord need to provide an annual certificate for the water please?

Answer

1 Comment

  1. guildy

    This isn’t something we’re familiar about but upon a little research, The Private Water Supplies (England) Regulations 2016 appear to be the main regulations for this.

    It is a requirement under these regulations that a local authority must by law carry out a risk assessment every five years on any private water supply. There is a possible exception where only one dwelling is supplied but we don’t think that applies because it’s rented.

    If the local authority are asked by an owner or occupier, they must carry out the risk assessment. A fee can be charged although this can be against the owner or occupier (it seems to depend on the terms of any agreement).

    The bit we’re struggling to find is if there is any duty to notify the local authority of a borehole in the first place. We haven’t been able to find anything either way on this so we will be cautious here and say that the local authority should be notified. Even if there’s no duty, it will be an implied term of the tenancy that water provided is “safe” and as there’s a mechanism in place to ensure it’s safe (local authority doing a risk assessment), we can see no reason why the tenant wouldn’t be entitled to expect that to be done.

    To begin with, you could try asking the tenant to contact the local authority to arrange the risk assessment to be done. That way, they can directly arrange access etc.

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