Ensuring tenant safety is a top priority for landlords and property managers, and one key aspect of this is understanding and managing the risks associated with Legionella bacteria.
Landlords Legionella Risk Assessment FAQ
This FAQ guide addresses common questions landlords have about Legionella risk assessments, and it may be a good idea to review legal requirements and best practices for maintaining water supply safety in this specialist area.
What is Legionnaires’ Disease and What is Legionella?
Legionnaires’ disease is a severe and sometimes fatal form of pneumonia caused by inhaling small droplets of water contaminated with Legionella bacteria. Stagnant and/or lukewarm water in manmade water systems is the ideal environment for this bacteria to thrive in and it can become a significant health risk if not properly managed.
The symptoms of Legionnaires' disease are like the flu, and not everybody exposed to Legionella will become ill. The illness can be treated successfully with antibiotics such as erythromycin, but in approximately 10 - 15% of cases, especially in those with poor immune function, results in death.
More information can be found in this HSE video.
When Was Legionella Discovered, and Can Legionnaires’ Disease Be Cured?
Legionella was first identified in 1976 following an outbreak at an American Legion conference in Pennsylvania, where 221 attendees fell ill, and 34 died. The disease can be treated with antibiotics like erythromycin, though it remains a serious health hazard, particularly for older adults and individuals with weakened immune systems.
Is a Legionella Risk Assessment a Legal Requirement for Landlords?
Yes, landlords have a legal duty under the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations (COSHH) to assess and control the risk of hazardous substances, including biological agents such as Legionella in rental properties. The Health and Safety Executive (HSE) provides guidance through its Approved Code of Practice (ACoP L8) regarding the control of legionella, which states that it is a landlord’s responsibility to:
Identify and assess sources of risk.
Implement control measures if necessary.
Maintain records of the assessment and any precautions taken.
Review and update the assessment when changes occur.
Do Landlords Need a Professional Legionella Risk Assessment?
Not necessarily. Many landlords can conduct a simple risk assessment themselves, particularly for simple water systems. However, properties with complex water systems, open water tanks, or a history of contamination may require a professional inspection.
Seeking competent help for conducting a legionella risk assessment may be advisable, especially for landlords responsible for larger premises such as factories or commercial buildings, to ensure the safety and well-being of occupants.
How to Conduct a Legionella Risk Assessment?
A landlord conducting a Legionella risk assessment should follow these steps:
Identify the property’s water systems – Understand the property's hot and cold water system, including pipes, storage tanks, and appliances.
Assess the Risk – Determine whether the system presents a risk of exposure to bacterial growth. High-risk factors include lukewarm water temperatures (20-45°C), stagnant water, and older plumbing.
Implement Control Measures – If risks are present, take steps such as:
Regularly flushing unused taps and showers.
Keeping water storage tanks covered and free from debris.
Setting the temperature of the hot water cylinder temperature to at least 60°C.
Ensuring tenants are aware of any necessary precautions.
Document and Review – Keep a record of the risk assessment and review it periodically or when significant changes occur.
To carry out a legionella risk assessment, a landlord must have an awareness of what it is, and what systems are hazardous and which are low risk. Legionella awareness training is a good starting point for any landlord.
What Are the Risks of Legionella in Rental Properties?
The risk of Legionella in rental properties depends on several factors, including:
Age of the Building – Older buildings and older properties with outdated plumbing may pose a higher risk.
Water Usage – Properties left vacant for long periods can lead to stagnant water, increasing the risk.
Tenant Demographics – Older people or individuals with lung issues and weakened immune function are more vulnerable.
What Happens if a Landlord Fails to Conduct a Legionella Risk Assessment?
Failure to comply with Legionella risk assessment requirements can result in penalties, legal action, and increased liability if a tenant contracts Legionnaires’ disease. Regular assessments help landlords meet their safety obligations and duty of care.
Is Legionella Testing Required for Landlords?
Routine testing is generally not required for domestic properties unless a significant risk of contamination is identified. However, testing may be advisable in a residential property with complex water systems or previous contamination issues.
Where Can Landlords Find a Legionella Risk Assessment Template?
Landlords can download a free Legionella risk assessment template to guide them through the process. This step-by-step document provides a structured way to assess and record potential risks in rental properties.
Free legionnaires disease landlords risk assessment template and guidance.
Conclusion
Landlords have a legal and ethical responsibility to ensure the safety of their tenants by managing Legionella risks in accordance with safety law. While a professional Legionella inspection risk assessment process, may be required in some cases, many landlords can perform a basic assessment themselves with proper awareness training. Regular monitoring, proper control measures, and keeping a record of assessments will help ensure compliance and tenant safety.
For more information, consult HSE guidelines. Make sure you and your staff are aware of the safety concerns with Legionella awareness training.
