Legionella risk assessment landlord duties: what the law requires

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Yes, the legionella risk assessment landlord duty is a legal one: the Health and Safety Executive (HSE) says that if you rent out a property, even a room in your own home, you must assess the risk from legionella to keep tenants safe [1]. But HSE is clear it "does not require an in-depth, detailed assessment" for most homes, that most landlords can do it themselves without being trained or accredited, and that legionella testing isn't usually needed [1]. You should review the assessment if anything about the water system changes [1].

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Legionella risk assessment landlord duty: is it a legal requirement?

Yes. HSE's page on landlords' responsibilities says landlords who rent out property "have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards" [1]. It points to:

  • Section 3(2) of the Health and Safety at Work etc. Act 1974, which applies health and safety duties to landlords [1]
  • Section 53, under which landlords are regarded as self-employed for these purposes [1]
  • The Control of Substances Hazardous to Health Regulations (COSHH), which give a framework for controlling hazardous substances, including legionella bacteria [1]

HSE defines a landlord broadly: anyone renting out a property they own under a lease or licence shorter than 7 years, including private landlords [1].

How detailed does it need to be?

Not very, for a normal home. HSE says the "practical and proportionate" application of the law to domestic rental properties means "there is a duty to assess the risk from exposure to legionella... this does not require an in-depth, detailed assessment" [1].

HSE says risks in most homes are low because water is used and turned over regularly. Its example of a low-risk home is a small property where [1]:

  • daily water use turns over the whole system
  • cold water comes straight from the mains, with no storage tanks
  • hot water comes from instantaneous or low-volume heaters
  • the only outlets are toilets and wash basins

It adds that the risk is lower again where combi boilers and electric showers are fitted, because there's no stored water [1].

Can landlords do their own legionella risk assessment?

Yes. HSE says "most landlords can assess the risk themselves and do not need to be professionally trained or accredited" [1]. If you don't feel competent, you can pay someone to do it [1]. There's no requirement for a legionella certificate, and HSE's landlord guidance says testing (sampling) isn't normally needed for domestic systems [1].

What to check: a simple legionella assessment

HSE's general guidance lists what makes legionella more likely [2]. Walk through the property with these questions:

  1. Temperature: is any water sitting between 20°C and 45°C, the range where bacteria grow? [2]
  2. Storage: is there a cold water tank or a hot water cylinder? [2]
  3. Stagnation: are there rarely used outlets, dead legs or redundant pipework? [1]
  4. Debris: could rust, sludge or scale build up, for example in an uncovered tank? [2]
  5. Spray: are there showers or other outlets that create droplets? [2]
  6. Vulnerable people: are any occupants more susceptible, for example older people or those with weakened immune systems? [2]

If the answers point to a mains-fed combi system with no tanks and normal daily use, your assessment may conclude the risk is low and well controlled. HSE says in that case "no further action is needed", but you should review it if anything changes [1].

Simple control measures HSE recommends

For most homes, HSE says temperature is the most reliable control: "keep the hot water hot, cold water cold and keep it moving" [1]. Other measures it lists [1]:

  • flush the system before letting the property, especially after it's been empty
  • keep debris out, for example by making sure cold water tanks have a tight-fitting lid
  • set the hot water cylinder to store water at 60°C
  • remove any redundant pipework

Legionella risk assessment: how often?

There's no fixed legal renewal period in HSE's landlord guidance. It says the assessment should be reviewed "in case anything changes in the system" [1], and its general guidance says to review it regularly, particularly when there's reason to think it's no longer valid [2]. Sensible triggers:

  • a new tenancy, especially after the property has been empty
  • a new boiler, cylinder, tank or shower
  • building work that changes the pipework
  • a new occupant who's more vulnerable to infection

Tell your tenants

HSE says tenants should be told about the control measures in place and advised what to do, for example not to adjust the boiler temperature and to run water through outlets they don't use often [1].

What to record

HSE's general guidance says a risk assessment should include who's responsible, a description of the system, the risks found, the controls in place and arrangements to review it [2]. For a small landlord, one page per property is usually enough. Date it and keep it.

In Gaffy, each property has its own document vault, so your legionella assessment can sit next to the gas safety certificate, EICR and EPC, and you can find it in seconds if a council or insurer asks. See the document vault. If a tenant reports a problem with hot water, a tank or a shower through their repair link, the report is timestamped in your inbox.

Empty properties

Water sitting unused in pipes is the classic legionella risk. HSE lists flushing out the system before letting a property as a simple control [1]. If a property has been empty between tenancies, run all taps and showers before the new tenant moves in, and note that you did it.

HMOs and older systems

Larger shared houses, homes with cold water storage tanks, or properties with hot water cylinders need more thought than a flat with a combi boiler [1][3]. The assessment is still yours, but you may decide to bring in a competent person if the system is complicated.

FAQs

Is a legionella risk assessment a legal requirement for landlords?

Yes. HSE says landlords must assess the risk from legionella to keep tenants safe [1].

Do I need a legionella certificate?

HSE's guidance doesn't require a certificate. It requires an assessment and appropriate controls [1].

Can I do the legionella risk assessment myself?

Yes. HSE says most landlords can do it themselves without being trained or accredited [1].

How often should a landlord do a legionella risk assessment?

Review it when anything changes in the water system, and regularly [1][2].

Do I need legionella testing?

HSE says sampling isn't normally needed for domestic hot and cold water systems [1].

What temperature should hot water be stored at?

HSE says hot water cylinders should store water at 60°C [1].

How does Gaffy help?

Gaffy keeps your legionella assessment with the rest of each property's paperwork and flags gas safety, EICR and EPC expiry. It's £12 a month for up to 5 properties, plus £4 a month for each extra property, and the first month is free.

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Sources

  1. HSE, Legionella and landlords' responsibilities: https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm
  2. HSE, Legionnaires' disease: what you must do, identify and assess sources of risk: https://www.hse.gov.uk/legionnaires/what-you-must-do/identify-assess-sources-risk.htm
  3. HSE, Hot and cold water systems: https://www.hse.gov.uk/legionnaires/hot-and-cold.htm