Legionella And Landlord Responsibilities

Landlords in England must assess the risk of Legionella bacteria within their rental properties. However, there’s no legal requirement for a Legionnaires' testing certificate. The aim is to ensure the water in your property remains safe for tenants by managing any risks effectively.

What is Legionella?

Legionella is a harmful bacteria found in water, which thrives in temperatures between 20°C and 45°C. If inhaled or ingested, it can cause Legionnaires' disease, a serious form of pneumonia. Legionella risk is higher in environments like water tanks with stagnant water, aerosols from showers, mist, and systems where rust, scale, or biofilm could feed the bacteria. Properties with combi boilers tend to have a lower risk, as they keep water in motion, while older properties with open water tanks may have higher risks.

Symptoms of Legionnaires' Disease

If contracted, symptoms include high fever, coughing, headaches, shortness of breath, and nausea. While treatable with antibiotics, those at greater risk include the elderly and people with respiratory issues or weakened immune systems.

Legionella Risk Assessments for Landlords

Although landlords are not legally required to obtain a formal certificate, there is a general duty to protect tenant health and safety. Conducting a Legionella risk assessment is one way to fulfil this duty. It typically includes:

- Identifying potential hazards and risk levels
- Determining who may be at risk
- Testing the water system for Legionella*
- Implementing control measures
- Recording assessment findings
- Reviewing assessments regularly or as needed

*Note: Testing is usually part of a professional risk assessment but not a legal obligation.

You may choose to conduct this assessment yourself, provided you have the necessary understanding, or engage a professional for added peace of mind.

Frequency and Duration of Assessments

It’s recommended to carry out a Legionella risk assessment once every two years or before a new tenancy. A professional assessment will include temperature readings from all hot and cold taps, visual inspections of outlets and showerheads, and checks on outdoor water sources.

Minimising Legionella Risks

The Health and Safety Executive suggests these measures to help reduce risk:

- Flush out the water system before letting the property and weekly during vacancy periods.
- Fit and secure tanks and systems to prevent debris.
- Set the hot water cylinder to store water at 60°C.
- Remove any unused or faulty pipework.

Tenants should also be advised to report water system issues, avoid adjusting temperatures, and regularly clean showerheads.

By following these guidelines, landlords can manage the risk of Legionella effectively, maintaining a safe environment for their tenants.

What the Health and Safety Executive says

The HSE website states:

The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.

Section 3(2) of the Health and Safety at Work Act (HSWA) makes provision for relevant health and safety legislation to apply to landlords to ensure a duty of care is shown to their tenants regarding their health and safety.

Landlords, under section 53 of HSWA, are regarded as being self-employed. If you rent out a property, you have legal responsibilities to ensure you conduct your undertaking in such a way that your tenant(s) are not exposed to health and safety risks.

The Control of Substances Hazardous to Health Regulations (COSHH) provide a framework of actions to control the risk from a range of hazardous substances, including biological agents (such as legionella), to identify and assess the risk, and implement any necessary measures to control any risk.

The Approved Code of Practice Legionnaires' disease: The control of legionella bacteria in water systems (L8) has guidance on the requirements of the HSWA and COSHH for employers and those with responsibilities for the control of premises, including landlords.