As a landlord, it frequently seems you never hear the end of electrical regulations (EICR), gas safety (CP12 certificates), and EPC requirements. However, what is the exact situation when it comes to property water safety? In this comprehensive guide, you will discover what your legal responsibilities are concerning water systems. Furthermore, we will explain how to conduct a thorough landlord Legionella risk assessment to keep your property—and your tenants—completely safe.
IMPORTANT: Under the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH), landlords must assess the potential risk of Legionella bacteria in their rental property. Consequently, whilst a formal Legionnaires’ testing certificate is not strictly legally required, demonstrating that you have identified and managed the risks is essential.
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What is Legionella?
Legionella is a hazardous bacterium naturally found in water environments. In a typical residential property, Legionella can rapidly grow in water systems when stored at temperatures between 20°C and 45°C. Therefore, if inhaled through contaminated water droplets, it often leads to Legionnaires’ disease—an infectious and sometimes fatal form of pneumonia.
Moreover, both hot and cold water systems provide an ideal environment for Legionella to proliferate. Specifically, the risk of contamination is exceptionally higher in these circumstances:
- Water tanks where water is stagnant or recirculated.
- Systems operating at temperatures exactly between 20°C and 45°C.
- Water droplets or aerosols forcefully produced by whirlpool baths and showerheads.
- Mist and spray easily dispersed into the breathable air.
- Rust, scale, sludge, and biofilm accumulations that efficiently “feed” the harmful bacteria.
- Rental properties left empty (void periods) for extended lengths of time.
Fortunately, the risk of Legionella is genuinely low in modern properties operating exclusively with combi boilers. Because this system keeps the hot water moving continuously, it gives the bacteria very little opportunity to develop.
Conversely, older homes possessing open water tanks have a substantially higher risk profile. Consequently, the water in such older heating systems is far more likely to stagnate, requiring strict oversight.
What are the risks of Legionnaires’ disease?
Legionnaires’ disease is an exceptionally serious respiratory condition. Ultimately, if infected, your tenant could be subjected to severe health consequences. The most common symptoms include:
- Dangerously high fevers.
- Persistent coughing.
- Severe headaches.
- Noticeable shortness of breath.
- Debilitating nausea.
Notably, the symptoms of Legionnaires’ disease usually last between 2 to 10 days and can be effectively treated with antibiotics if diagnosed promptly. Furthermore, certain groups are highly vulnerable to these risks, particularly older people, smokers, and individuals suffering from compromised immune systems.
Is a landlord Legionella risk assessment a legal requirement?
Crucially, there is a strict legal duty for landlords to assess and adequately control the risk of exposure to Legionella bacteria under HSE guidelines (L8 Approved Code of Practice). However, UK landlords in England and Wales are not formally required to obtain a professional Legionnaires’ testing certificate in the precise way they must secure an EICR or Gas Safety Certificate.
Nevertheless, landlords possess a broader legal duty of care to protect tenant health and safety under the Homes (Fitness for Human Habitation) Act 2018. Thus, ensuring your property’s water supply is entirely safe and potable remains your explicit responsibility.
Importantly, carrying out a comprehensive landlord Legionella risk assessment is the most effective method to guarantee compliance. Additionally, it is strongly recommended within the official government ‘How to Let’ guide.
What does a landlord Legionella risk assessment involve?
- Identify Potential Hazards: Carefully check all water systems for areas where stagnant water or perfect temperatures (20°C to 45°C) exist.
- Determine At-Risk Individuals: Recognise if your current tenants have underlying health vulnerabilities or compromised immune functions.
- Test the Water System: Take accurate temperature readings of hot and cold outlets, whilst optionally testing water samples if a severe risk is suspected.
- Implement Control Measures: Set the hot water cylinder temperature to at least 60°C to naturally kill developing bacteria.
- Record Assessment Findings: Document exactly what you discovered during your inspection to prove total legal compliance.
- Conduct Regular Reviews: Periodically revisit and update the assessment, particularly before any new tenancy agreement commences.
Typically, a landlord Legionella risk assessment will meticulously examine all interconnected water systems across your rental property. Because water sampling for Legionella bacteria isn’t a strict legal demand, professional assessors usually focus on identifying structural risks.
Undoubtedly, any Legionella risk assessment should only be performed by a competent individual possessing a deep understanding of waterborne hazards. Consequently, if you lack the time or specific technical knowledge, it is highly advisable to arrange for a professional assessor through LettingaProperty.
How often do you need a landlord Legionella risk assessment?
Ideally, for typical rental properties posing a potential Legionella hazard, experts strongly advise landlords to conduct a thorough landlord Legionella risk assessment at least once every two years. Furthermore, you should always review these risks immediately before a new tenancy begins. Importantly, if you upgrade or significantly alter the property’s plumbing system, an immediate reassessment is critically required.
How long does a professional risk assessment take?
Naturally, the total duration of a professional landlord Legionella risk assessment varies depending upon the unique property structure.
Specifically, an accredited assessor must record a precise digital temperature reading for every individual hot and cold tap, plus any visible water tank outlet pipes. Subsequently, they will visually evaluate all showerheads, check for redundant pipework, and inspect exposed flexible hoses.
Therefore, a compact one-bedroom flat containing a standard combi boiler frequently takes merely 20 minutes to completely inspect. Conversely, a large three-bedroom house boasting multiple bathrooms, a utility room, an external garden tap (which may be prone to limescale), and conventional hot/cold tanks might require upwards of a full hour.
How can landlords minimise the risks of Legionella?
- Flush the System: Systematically run all taps and showers to vigorously flush the water system before a new tenancy begins, and routinely once a week during void periods.
- Secure Storage Tanks: Ensure all water tanks are tightly sealed with fitted lids to permanently prevent organic debris from entering.
- Control Temperatures: Strictly configure the main hot water cylinder to confidently store heated water at 60°C or above.
- Remove Redundant Piping: Swiftly and permanently disconnect any dead legs or unused pipework where water might effortlessly stagnate.
To successfully minimise the risk of Legionella, the Health and Safety Executive (HSE) explicitly recommends the robust control measures highlighted above for landlords.
Furthermore, whilst landlords manage the primary structural controls, tenants must logically participate in maintaining water health. Consequently, you must instruct your tenants directly via their tenancy agreement to:
- Immediately notify the landlord if the hot water boiler suddenly fails.
- Never manually adjust the pre-set boiler temperature parameters.
- Routinely dismantle, deeply clean, and safely disinfect all showerheads every few months.
What other essential inspections do landlords need?
Whilst a formal Legionnaires’ testing certificate is not strictly mandatory, numerous other mandated safety checks definitively are legally enforced under UK law.
- Provide an annual gas safety inspection to all existing tenants and issue a gas safety certificate.
- Conduct an electrical safety inspection (EICR) faithfully every 5 years.
- Carry out an energy performance assessment to ensure the property securely holds an energy performance rating of ‘E’ or above.
- Verify that all mandatory smoke alarms and carbon monoxide detectors are fully functional on the precise start date of the tenancy.
- Serve your new tenants with the latest updated government ‘How to Rent’ guide, explicitly required to maintain your Section 21 eviction rights.
Crucially, failing to conduct these strictly mandated inspections or neglecting to serve the correct documents can result in substantial financial penalties, including effectively invalidating your right to issue a Section 21 notice.
Frequently Asked Questions (FAQs)
Is a Legionella test identical to a Legionella risk assessment?
No. A Legionella risk assessment involves visually identifying hazards and measuring water temperatures, whilst a Legionella test typically refers to scientifically analysing physical water samples in a laboratory. Ultimately, the risk assessment is practically required by general HSE safety guidance, but routine water testing is not normally necessary for standard domestic rental properties.
Who can legally carry out a landlord Legionella risk assessment?
Any competent person who genuinely understands the property’s water systems and exactly how Legionella bacteria multiplies can legally carry out the assessment. Consequently, landlords can theoretically do this themselves; however, hiring a professionally trained assessor reliably ensures complete accuracy and substantially mitigates liability.
Do I need a new risk assessment for every single new tenant?
Whilst not strictly required by explicit legislation, carrying out a brief risk review when the property is naturally vacant between tenancies is considered an industry best practice to guarantee continuous compliance with your legal duty of care.
