Is Your Water Safe? A Guide to Landlord Legionella Risk Assessments

What is Legionella?

Legionella refers to a dangerous bacterium that can thrive in water environments. Within residential settings, Legionella can flourish in water stored at temperatures ranging from 20°C to 45°C. If ingested or inhaled, water contaminated with Legionella can lead to Legionnaires’ disease or legionellosis, a contagious and occasionally fatal form of pneumonia.

Hot and cold water systems provide an ideal breeding ground for Legionella. The risk of contamination is notably elevated in the following circumstances:

• Water tanks and systems where water remains stagnant or undergoes recirculation.
• Temperature conditions between 20°C and 45°C.
• Water droplets or aerosols generated by devices like whirlpool baths or showerheads.
• Dispersion of mist and spray into the air.
• Presence of rust, scale, sludge, and biofilm that act as nutrients for the bacteria.
• Properties left vacant for extended periods.
• Properties equipped with combi boilers generally pose a lower risk of Legionella, as these systems maintain water circulation, reducing the bacteria’s chances of proliferation. However, homes with open water tanks, often found in older buildings, carry a significantly higher risk of Legionella due to the potential for water stagnation.

What are the risks of Legionella and Legionnaires’ disease?

Legionnaires’ disease is a serious ailment that manifests with symptoms such as high fevers, coughing, headaches, shortness of breath, and nausea. Typically, these symptoms persist for a period of 2 to 10 days and can be treated with antibiotics if detected early. Certain individuals, including the elderly, those with respiratory problems, and those with weakened immune systems, are at greater risk of the adverse effects of Legionella.

Are landlords legally required to conduct a Legionella risk assessment?

Landlords have a legal obligation to assess and manage the risk of Legionella exposure, though they are not mandated to conduct a professional assessment or testing.

While professional Legionella risk assessments involve testing, health and safety regulations do not compel landlords to obtain a ‘Legionnaires testing certificate’ or perform such tests.

In Scotland, landlords are legally required to conduct a Legionella Risk Assessment.

In England and Wales, landlords are not legally obligated to provide a formal certificate, akin to requirements for Electrical Installation Condition Reports (EICR), Energy Performance Certificates (EPC), or Gas Safety Records. Nevertheless, landlords have a broader legal duty to safeguard the health and safety of their tenants, which includes ensuring the safety of the property’s water supply. To fulfill this duty, landlords can opt to perform a Legionella risk assessment, although it is not a formal legal requirement. Such an assessment serves as a proactive measure to guarantee the safety of the water supply.

What does a landlord Legionella risk assessment involve?

A Legionella risk assessment typically encompasses all water systems within your rental property. The assessment process includes the following steps:

1. Identifying potential hazards and assessing the level of risk they pose.
2. Determining which individuals are at risk.
3. Optionally, conducting water system testing for Legionella bacteria (while not a legal requirement for landlords, it’s often part of a professional Legionella risk assessment).
4. Implementing appropriate control measures to minimize the identified risks.
5. Documenting the findings of the assessment.
6. Periodically reviewing and updating the assessment as necessary.

A Legionella risk assessment should be conducted by someone with a competent understanding of Legionella hazards. While some landlords may choose to perform this assessment themselves, others may opt to enlist a professional assessor’s services.

When you schedule a professional Legionella inspection, you will receive a report that includes the relevant information outlined above, along with significant findings and recommended control measures.

How often should I carry out a landlord Legionella risk assessment?

For rental properties with water systems that could potentially pose a Legionella risk, it is advisable to conduct a Legionella risk assessment every two years or before the commencement of a new tenancy. Additionally, it’s a good practice to perform an assessment if there are significant alterations to the property’s water systems.

How long does a professional Legionella risk assessment take?

The duration of a professional Legionella risk assessment can vary depending on the property’s specific characteristics.

During the assessment, the assessor will:

• Record digital temperature readings from all hot and cold taps.
• Examine outlet pipes from water tanks.
• Inspect all taps and showerheads visually.
• Report on redundant pipework and flexible hoses.
• Access water tanks in the loft if present.
• Test garden taps for limescale, and inspect outdoor hoses if applicable.

For example, a one-bedroom flat with one bathroom and a combi boiler would typically take around 20 minutes to inspect. In contrast, a three-bedroom house with two bathrooms, a utility room, a garden, and hot and cold tanks might require approximately an hour to complete.

How can landlords minimize the risks of Legionella?

To reduce the risk of Legionella, the Health and Safety Executive recommends several straightforward control measures for landlords:

1. Flush out the water system before a new tenancy begins and at least once a week during void periods.
2. Ensure that water systems and tanks are securely sealed to prevent debris from entering.
3. Set control parameters, such as maintaining the hot water cylinder temperature at 60°C.
4. Remove any faulty or unnecessary pipework.

It’s the landlord’s responsibility to implement these controls, but tenants should also be informed of these measures and advised to:

1. Report any issues with the water system, such as problems with hot water.
2. Avoid adjusting set temperature parameters.
3. Regularly clean and disinfect showerheads.

What other inspections and assessments do landlords need to carry out?

While a formal Legionella risk assessment and test are not mandatory, there are other legal requirements that landlords must fulfill:

1. Conduct an annual gas safety inspection and provide tenants with a copy of the gas safety certificate.
2. Perform an electrical safety inspection every five years.
3. Complete an energy performance assessment to ensure the property has an energy performance rating of ‘E’ or higher, and provide tenants with a copy of the Energy Performance Certificate (EPC).
4. Verify that all smoke alarms and carbon monoxide detectors are operational on the first day of tenancy.
5. Furnish tenants with a copy of the government’s “How to Rent” guide at the start of their tenancy.

Failure to fulfill these required inspections or provide the correct documents may result in substantial fines and could invalidate the landlord’s right to issue a Section 21 notice to the tenant.

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