Legal Opinion
On 6th March 2025, PRN Water Services sought what we believe to be the inaugural legal opinion regarding Annex D1, sections D.18-D.27 of the Repairing Standard. This opinion clarifies the requirements for compliance with legislation concerning lead testing in rental properties. It comes from a highly regarded lawyer in the Private Rental Sector, who also serves on the First Tier Tribunal.
The findings of this legal opinion state that:
1
Rental Properties Must Be Free From Lead
It is clear that private landlords have a duty to ensure that, from 1st March 2024, the water supply for any property they rent is free from lead.
2
Further Outlets Should Be Considered
The statutory guidance (at D.24) sets out a minimum requirement to test between the boundary stopcock and the kitchen tap. What should not be overlooked is that the statutory guidance also states that testing of further outlets should be considered at other locations where water is used for drinking or cooking.
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3
Testing Just The Kitchen Is Not Enough
Testing other outlets would include testing cold taps in any utility room sink and wash hand basins in bathrooms (including any ensuite bathrooms). To do otherwise and just test the cold supply in the kitchen runs the real risk that lead within internal pipework is missed.
5
Possible Enforcement Action
Working In Accordance To ISO 17025:2017
Failure to follow the minimum standards could lead to enforcement action against the letting agent [or landlord] through the First-Tier Tribunal: Housing and Property Chamber.
The only criteria for testing laboratories that can be implied from the statutory guidance is that the laboratory is competent in terms of their ability to detect lead at required levels. Whilst UKAS accreditation, which is voluntary, may point to such competence, the absence of such accreditation does not mean the opposite.
PRN Water Services confirm that we meet the required standard for ISO17025:2017 and can therefore prove our competence if required. We have submitted our application to UKAS and are in the processes of obtaining our accreditation.
Summary of the Legislation
In February 2020, the Scottish Government updated the Repairing Standard to include new compliance legislation for Scotland’s Private Rental Sector, which came into force on the 1st March 2024. One addition which must now be addressed is the tolerable standard for lead in drinking water (Annex D1, sections D.18-D.27).
All landlords in Scotland are legally bound to ensure their property(s) meets the Repairing Standard at the start of and during a tenancy.
The new legislation requires that certain properties must now have their drinking water supply tested for traces of lead. This specifically impacts properties which were built before 1970 (D.18)
Landlords must now check any visible pipework within their property to assess whether the supply runs through lead pipes. However, the absence of visible lead pipes does not guarantee that the water is not contaminated with lead. (D23.)
To comply with the updated standard, properties must be tested by way of laboratory analysis to ensure that any lead pipes, lead lined storage tanks or fittings have been removed and that there are subsequently little to no traces of lead present in the drinking water supply. (D.24)
All drinking water supplies must meet minimum standards which are set out in regulations. These regulations include maximum permitted levels of lead (D.19).
At present, the maximum limit (PCV – Prescribed Concentration or Value) for lead in drinking water is 10μg/L (Scottish Water, Factsheet 2: Water Quality Standards Explained).
How to know if my property is affected?
It's important to be aware of the potential risks associated with lead plumbing, especially if you live in an older property. In the UK, the use of lead in water pipes and tanks has been banned since 1970, but it's still worth checking if your property has any remaining lead piping. If you suspect that your property may still have lead pipes, there are a few ways to check. You can visually inspect the pipes running to your kitchen tap or storage tank, or look for older cold water storage tanks that may be lead-lined. Lead pipes are typically dull and silvery grey in colour, while modern alternatives like copper or plastic pipes are bright and shiny. If you're unsure, it's always best to consult a professional plumber.
What to do if you have lead
If your sample test shows lead in your drinking water, it is important to take action to reduce your exposure. While replacing lead pipes is the best long-term solution, it can take time. In the meantime, you can reduce your exposure by running your cold tap for a few minutes before using it and avoiding drinking water straight from the hot tap.
What is lead and why is it harmful
Lead is a heavy metal which was used in plumbing prior to its ban in 1969, due to its ability to be easily moulded into shape.
Based on scientific research from the 1960s, it has been established that lead can have harmful effects on human health. Children are especially vulnerable to lead poisoning as they absorb more of the metal into their bodies than adults.
It's important to be aware of the symptoms of lead poisoning:
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