Legionella Risk for Landlords Legalities And Requirements
As a landlord or letting agent, you juggle many responsibilities to keep your tenants safe. One critical but often overlooked issue is Legionella risk. Legionella risk for landlords isn’t just about avoiding disease; it’s about fulfilling your duty of care.
This blog explains the risks of Legionnaires’ disease in rental properties and answers the key question on every prudent landlord’s mind: Is a Legionella risk assessment a legal requirement for a landlord?
Understanding Legionnaires’ Disease and the Legionella Risk for Landlords
Legionnaires’ disease is a severe form of pneumonia caused by inhaling water droplets that contain Legionella bacteria. These bacteria thrive in stagnant or lukewarm water, often in man-made water systems like tanks, pipes, or even shower heads. If conditions are right – for example, water temperatures between 20–45°C and little water movement – Legionella can multiply and become a Legionella risk for landlords and tenants alike. When someone inhales contaminated spray (say, from a shower or tap), they can develop Legionnaires’ disease, which often starts with flu-like symptoms but can escalate to a dangerous pneumonia. In vulnerable individuals (older adults or those with weakened immune systems), the disease can be fatal.
Legionella Risk for Landlords: Legal Responsibilities and Duties
So, is conducting a Legionella risk assessment a legal requirement for landlords?
In practice, yes – landlords have a legal duty to assess and control Legionella risk as part of their general obligation to keep tenants safe. There might not be a specific law named “Legionella Act for Landlords,” but existing health and safety regulations cover this responsibility. According to the Health and Safety Executive (HSE), ‘landlords have a duty to assess the risk from exposure to Legionella to ensure the safety of their tenants’.
Remember that while inspectors won’t typically knock on your door asking to see a Legionella risk assessment, this is not a task to skip. Authorities do not routinely inspect residential properties for Legionella compliance.
But if something goes wrong – for instance, if a tenant contracts Legionnaires’ disease and an investigation finds you neglected Legionella precautions – you could be held liable under the law. In fact, HSE warns that if a tenant were to catch Legionnaires from your property’s water system, you as the landlord may be prosecuted under health and safety law unless you can demonstrate you fulfilled your legal duty. That means in court you’d need to show you did assess the Legionella risk and took steps to control it.
Controlling Legionella Risk for Landlords: Best Practices to Keep Tenants Safe
Understanding your responsibility is one thing; acting on it is another. Fortunately, controlling the Legionella risk for landlords in most residential properties is usually straightforward and inexpensive.
The goal is to keep water moving and keep it at the right temperatures because Legionella struggles to grow in such conditions.
Here are some best practices you should follow in your rental properties:
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Flush the system regularly, especially after vacancies. Whenever a property is vacant (for example, in between tenants), stagnation becomes a threat. Before new tenants move in, flush out all taps and showers to pull fresh water through the system and clear any sitting water. Simply running water for several minutes can help purge bacteria. If a property is going to be empty for an extended period, consider draining the system or scheduling periodic visits to run the water. This simple step greatly reduces Legionella risk for landlords by preventing water from going stale.
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Keep hot water hot and cold water cold. Temperature is your ally in Legionella control. Make sure your hot water cylinder is set to store water at 60°C or above and that it actually delivers at least 50°C at outlets (a temperature that will scald Legionella). Cold water should be kept cold – ideally below 20°C. Insulate pipes or tanks as needed to maintain these temperatures. By ensuring water isn’t sitting in that lukewarm 20–45°C range, you minimise the bacterial growth opportunity. Check with tenants that they haven’t turned the heat down on any water heaters. Educate them that these settings are for safety, not just comfort.
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Clean and maintain equipment. Remove any “dead legs” in plumbing (pipes that are capped off and don’t circulate, leaving water trapped). If your property has a cold water storage tank in the loft, make sure it has a tight-fitting lid and is in good condition so no debris can enter. Shower heads and taps should be cleaned and descaled regularly, as scale and sludge can harbour bacteria. Encourage your tenants to clean shower heads or offer to replace them periodically. Little maintenance habits go a long way to cut down Legionella risk for landlords and keep the water system clean.
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Inform and involve your tenants. Legionella control is a team effort. As the landlord, you should inform new tenants about any Legionella prevention measures in place and how they can help. For instance, advise them to regularly clean shower heads and run all taps at least once a week (even the guest bathroom they rarely use). Ask them to promptly report issues like the boiler not heating water enough or any unusual smells or discolouration in water. If the property will be vacant (e.g. students away for summer), arrange a plan to flush the system weekly or drain it. When tenants understand that these steps keep the water safe, they are usually happy to cooperate.
By following these practices, the Legionella risk for landlords can be kept very low. In fact, in most well-maintained homes, the risk of Legionella infection is minimal. The key is not to be complacent – legionella bacteria are invisible, so the only sign you’ve got a problem might be someone falling ill. It’s far better to prevent that through routine precautions than to react after the fact.
Consequences of Ignoring the Legionella Risk for Landlords
What if a landlord doesn’t bother with any of this? Ignoring Legionella risk for landlords is a gamble with high stakes. First and foremost, you’d be putting your tenants’ health in danger. An outbreak of Legionnaires’ disease can have severe or even fatal outcomes, particularly for elderly or immunocompromised occupants. As a landlord, knowingly or unknowingly exposing tenants to that risk could be seen as negligence. The legal fallout could be significant: enforcement agencies can investigate and, as noted, you could face prosecution or hefty fines under health and safety legislationif you haven’t met your obligations. There’s also the civil angle – tenants or their families might pursue legal action for damages if they suffer harm due to your property’s conditions.
Beyond legal penalties, think about the practical damage. An incident of Legionnaires’ disease traced back to one of your properties can tarnish your reputation as a landlord or letting agency.
Future tenants may be hesitant to rent from you. It could also complicate insurance claims or policies since many landlord insurance packages expect you to comply with health and safety standards. In short, failing to address Legionella risk for landlords can cost far more in the long run – in money, hassle, and harm – than the simple preventative steps required to manage the risk. It truly is part of being a responsible landlord in today’s world.
How Brooktech Can Help Manage Legionella Risk for Landlords (CTA)
Staying on top of Legionella safety doesn’t have to be a burden. At Brooktech Maintenance, we specialise in water safety and can assist with every aspect of Legionella risk for landlords. If you’re unsure how to do a Legionella risk assessment or you simply want the peace of mind of an expert evaluation, our team is here to help. We can carry out professional Legionella risk assessments for your rental properties, identifying any sources of risk in your water system and providing clear guidance on corrective actions. We offer practical support like system flushing, water testing, and ongoing monitoring to ensure your property remains compliant and safe.
With Brooktech’s expertise, you can rest assured that you’ve met your legal obligations and that your tenants are protected from Legionnaires’ disease. Don’t wait for an incident to occur – take proactive steps now. Contact Brooktech today to schedule a Legionella risk assessment or to discuss our comprehensive water safety services.
We’re your partner in keeping properties safe, compliant, and comfortable for tenants and can offer a wide range of maintenance services for your properties.
Legionella risk for landlords is one responsibility you don’t have to shoulder alone – Brooktech is here to help you handle it with confidence and ease.
