Legionella Risk Management for Landlords | Coopers Inventory Services

A Legionella risk assessment considers whether a property's water system contains conditions that could allow Legionella bacteria to grow and expose occupants.

Factors that may be relevant include:

HSE identifies water temperatures between approximately 20°C and 45°C as one of the conditions in which Legionella can grow.

No — and this is an important distinction.

Landlords have a duty to assess the risk, but HSE says that for most domestic rental properties this does not require an in-depth or detailed assessment.

Many ordinary residential properties have relatively low-risk domestic hot and cold water systems because water is regularly used and turned over.

A simple assessment may therefore establish that the risk is low and already being appropriately managed.

HSE also confirms that most landlords can carry out a straightforward assessment themselves if they are competent to do so.

Where a landlord doesn't feel competent — or the water system or circumstances are more complex — they can appoint someone competent to carry out the assessment on their behalf.

No.

There is no general legal requirement for landlords to obtain a “Legionella test certificate” for an ordinary domestic rental property.

HSE specifically states that health and safety law does not require landlords to obtain or produce such a certificate.

Similarly, routine sampling or laboratory testing for Legionella is not normally required for domestic hot and cold water systems. Testing may be appropriate in particular circumstances, but it isn't a standard requirement for every rented home.

For ordinary domestic water systems, the measures needed are often straightforward and proportionate to the risk.

HSE identifies measures such as:

The appropriate controls depend upon the property's particular water system and the risks identified.

The risk can increase when properties remain unoccupied because water isn't being used and can stagnate within the system.

HSE advises that vacant properties should therefore be managed carefully. Depending on the circumstances, this may involve an appropriate flushing regime or other measures where a property will remain vacant for an extended period.

Before a property is let again, flushing the system is one of the simple control measures identified by HSE.

This is another area where good void-property management and record keeping becomes useful.

Tenants also have an important role in maintaining normal water use and reporting problems.

HSE recommends that landlords inform tenants of relevant control measures identified through their risk assessment.

Tenants may, for example, need to:

Good communication is particularly important where a property has outlets that are rarely used or where tenants are away for extended periods.

Not automatically.

This is another useful myth to knock down.

HSE states that the law does not prescribe an annual or biennial review period for domestic landlords.

Instead, the risk assessment should be reviewed periodically and when circumstances change in a way that could affect the assessment — for example, changes to the water system or other relevant conditions.

Keeping a record is sensible, but there is another legal nuance here.

HSE says landlords aren't necessarily legally required to record the findings of a Legionella risk assessment in every case; the statutory record-keeping duty referenced by HSE applies to employers with five or more employees.

Nevertheless, HSE says landlords may find it wise to keep a written record of what has been done.

For a landlord or property manager, sensible records might therefore include the risk assessment, relevant maintenance, communications, identified control measures and other property documentation.

Coopers Inventory Services does not provide specialist Legionella testing or certification unless specifically confirmed as a separate service.

Our Inventory & Schedule of Condition, Check-In, Mid-Term Inspection and Check-Out reports can, however, form part of the wider property record maintained throughout a tenancy.

During property reporting, visible observations relating to the property's condition — such as leaks, visible deterioration or other matters within the scope of the inspection — can be documented and supported with photographic evidence.

A Coopers property report does not constitute a Legionella risk assessment and does not replace specialist water-hygiene advice where this is required.

Managing Legionella Risk in a Rental Property

And then:

Remember: a professional Legionella certificate or routine water test isn't automatically required for every domestic rental property. The appropriate action should reflect the actual risk.