Legionella Risk Assessment for Landlords

Legionnaires' Disease is a pneumonia-like illness caused by the Legionella bacteria. It can be fatal, and symptoms may include:

• High fevers
• Coughing
• Headaches
• Shortness of breath
• Nausea

The infection is caused by breathing in small droplets of water contaminated by the bacteria. The disease cannot be passed from one person to another.

Legionella bacteria are found in the natural environment and may contaminate and grow in water systems, including domestic hot and cold water systems. They survive low temperatures and thrive at temperatures between 20 - 45°C if the conditions are right. They are killed by high temperatures at 60°C or above.

Yes, landlords have a legal obligation to assess and control the risk of exposure to Legionella bacteria.

There is no legal requirement to have a formal certificate in the same way you’re expected to have an EICR, EPC, or gas safety record, but you must ensure your property’s water is safe to drink and use as part of your general legal duty of care to protect the health and safety of your tenants.

To do this, landlords will usually carry out a Legionella risk assessment.

It’s worth noting that most rented premises will be low risk, but it is still important that risk assessments are carried out and control measures introduced.

No, landlords do not need to hire a professional to carry out the Legionella risk assessment. However, if you do not feel competent, or inclined to do so, you can arrange for a professional to do it on your behalf.

You can expect a professional Legionella risk assessment to take anywhere from 20 minutes to an hour, depending on the size of your property.

The assessor will need to take a digital temperature reading of every hot and cold tap in the property and of outlet popes from water tanks. They will also visually inspect every tap and showerhead, report on redundant pipework, and test any exterior taps and hoses for limescale.

The consequences of failing to comply with your Legionella risk assessment responsibilities can be serious. Landlords are legally required to manage properties so as not to expose tenants, residents, and visitors to risk.

Heavy fines or even imprisonment can be imposed, especially if someone were to die from Legionnaires' Disease.

Landlords can be prosecuted even if there is an exposure to risk without anyone actually becoming ill, so it’s important to keep a record of all assessments that have been carried out and make sure you carry out new assessments periodically.

The HSE recommends reviewing Legionella risk assessments at least every two years, even if your property is low risk.

However, you should review the assessment sooner if:

• There are significant changes to the property’s water system
• New information about risks or control measures becomes available
• Monitoring reveals that your current control measures are not effective.

Although formal Legionella risk assessments are not mandatory, it might be worth having a professional inspection carried out at the same time as your other assessments that are legal requirements. These include:

• An annual gas safety inspection
• An electrical safety inspection every 5 years
• An energy performance assessment
• Checking all smoke alarms and carbon monoxide detectors on the first day of a tenancy

There are some simple control measures that landlords can implement to help manage the risk of Legionella:

• Flushing out the water system by running all outlets for at least two minutes where the premises have not been used, e.g. before letting the property or if the property has stood empty for a time.
• Avoiding debris getting into the system (e.g. making sure cold water tanks, if installed, have a tight fitting lid).
• Setting controls so that the hot water is heated to and stored at 60°C.
• The removal of any redundant pipe work.
• Advising tenants to regularly clean, descale, and disinfect shower heads.

A Legionella risk assessment for landlords generally involves:

• Identifying potential hazards and the level of risk posed
• Identifying who is at risk
• Putting adequate control measures in place to minimise the risk
• Recording the findings of the assessment
• Reviewing the assessment as needed.

If you’re an NRLA member, download our Legionella risk assessment forms for step-by-step guidance on how to correctly carry out the assessment and quickly review the situation on a regular basis.