Legionella Risk Assessments: Understanding Your Responsibilities as a Landlord

As a private landlord or letting agent in the UK, your primary duty of care extends to ensuring the health and safety of your tenants. While many landlords are familiar with Gas Safety Certificates and Electrical Installation Condition Reports (EICRs), another crucial, yet sometimes overlooked, area of compliance is Legionella risk management.

Legionella bacteria can cause Legionnaires' disease, a potentially fatal form of pneumonia. This bacteria thrives in stagnant or poorly managed water systems. While the risk in typical domestic properties is generally low, it's not zero, and landlords have a legal responsibility to assess and manage this risk.

The Legal Obligation

The Health and Safety at Work etc. Act 1974 places a duty on employers and those in control of premises (including landlords) to ensure the health and safety of others. Specifically, the Approved Code of Practice (ACOP) L8, "Legionnaires' disease: The control of Legionella bacteria in water systems," applies to all businesses and undertakings where there is a reasonably foreseeable risk of exposure to Legionella bacteria.

For landlords, this means you have a legal duty to:

• Identify and assess sources of risk.
• Prepare a scheme for preventing or controlling the risk.
• Implement and manage that scheme.
• Keep records of all precautions.

It's important to understand that this duty applies to all residential landlords, whether you manage a single property or a large portfolio.

What is a Legionella Risk Assessment?

A Legionella risk assessment is a systematic process to identify potential sources of Legionella bacteria in your property's water system and evaluate the risk of exposure to your tenants. For typical domestic properties, this often doesn't require complex sampling or highly specialised work, but it does require a competent assessment.

Key areas to consider in an assessment include:

• Cold water systems: Are cold water tanks clean, covered, and insulated? Is the water temperature consistently below 20°C?
• Hot water systems: Is the hot water stored and distributed at a temperature high enough to kill Legionella (e.g., above 50°C at the tap)? Is the hot water cylinder maintained?
• Shower heads and taps: Are these regularly descaled and disinfected? Stagnant water in infrequently used outlets can be a risk.
• Infrequently used outlets: Are there any taps, showers, or toilets that are rarely used? Stagnant water can allow bacteria to multiply.
• Tenancy habits: Are tenants away for extended periods, potentially leaving water stagnant?
• Water heaters: Are they functioning correctly and maintaining appropriate temperatures?
• Any unusual features: Are there any decorative water features or other systems that could create aerosols of water?

Who Can Conduct the Assessment?

The Health and Safety Executive (HSE) states that a landlord or their agent can carry out the risk assessment themselves if they are competent to do so. This means having the necessary knowledge, experience, and understanding of the water systems and the risks involved.

If you don't feel confident performing the assessment yourself, you can engage a competent third party, such as a specialist risk assessment company or a qualified plumbing and heating engineer with specific Legionella training. The key is competence, not just a specific qualification.

Practical Steps for Landlords

Here’s a practical guide to managing Legionella risk in your properties:

1. Conduct a Risk Assessment:

   • Walk through your property and systematically identify potential risks using the points mentioned above.
   • Document your findings thoroughly, even if you conclude the risk is low.

2. Implement Control Measures (if necessary):

   • Temperature control: Ensure cold water is consistently below 20°C and hot water is stored above 60°C and delivered above 50°C (preferably 55°C) at outlets within a minute.
   • Flushing: Advise tenants to flush infrequently used outlets (e.g., a spare bathroom shower) for a few minutes each week, especially after returning from holiday. You should also do this during void periods.
   • Cleaning: Ensure water tanks are clean and covered. Regularly clean and descale shower heads and taps.
   • Maintenance: Maintain your water heater/boiler in good working order.

3. Provide Information to Tenants:

   • Inform tenants about the potential risks and how they can help manage them (e.g., flushing unused outlets, reporting issues).
   • This can be included in a welcome pack or an addendum to the tenancy agreement.

4. Record Keeping:

   • Maintain records of your risk assessment, any identified risks, and the control measures implemented.
   • Record any maintenance or remedial actions taken.
   • While there's no set frequency, it's good practice to review your risk assessment periodically (e.g., every 2-3 years) or if there are significant changes to the property or water system.

Specific Considerations for Hot Tubs or Complex Systems

If your property includes features like hot tubs, swimming pools, or elaborate water features, the risk assessment becomes significantly more complex. In these cases, it is highly recommended, and often legally required, to engage a specialist competent person to conduct the assessment and manage the ongoing control scheme.

Wales and Scotland Differences

While the underlying principles of health and safety law are UK-wide, specific guidance can vary slightly:

• England & Wales: The HSE's ACOP L8 and HSG274 guidance documents are the primary references.
• Scotland: Health and Safety law is generally reserved, but specific Scottish guidance might exist from bodies like Water Safety Scotland. Landlords in Scotland should always check local guidance in addition to HSE recommendations.

Please note: This information is for guidance only and should not be considered legal advice. Always refer to the latest guidance from GOV.UK and the Health and Safety Executive (HSE) or consult with a qualified professional to ensure full compliance with current regulations.