Under the Health and Safety at Work etc. Act 1974 and COSHH Regulations, landlords must assess and manage Legionella risk in all rental properties. HSE's Approved Code of Practice L8 sets the practical standard. The duty applies regardless of property size or type.
Where does Legionella risk arise?
Risk is highest where water is stored at 20–45°C. Key risk points include cold water storage tanks in loft spaces, infrequently used taps or showers, thermostatic mixing valves, and dead-legs in pipework. Properties with a combi boiler and no storage tank carry low risk.
What must the assessment cover?
The assessment must identify risk sources, assess likelihood of occupant exposure, and specify control measures. For simple domestic properties: check for cold water tanks, confirm flow temperatures, flush infrequently used outlets, and check TMVs. Record findings with date and any controls.
Do I need a specialist contractor?
For simple low-risk domestic properties, a competent landlord can self-assess. For properties with cold water storage tanks, complex pipework, or extended void periods, use a qualified specialist and retain a written record of their competence.
Record-keeping
Keep a written record of the assessment. Review after void periods, system changes, or any event materially affecting water risk. Providing a copy to tenants on request is good practice.
Consequences of non-compliance
Failure to assess Legionella risk is a criminal offence under the Health and Safety at Work etc. Act. Where a tenant contracts Legionnaires' disease attributable to the property, landlords face unlimited fines and potential imprisonment. HSE can also issue improvement notices.