Is it a legal requirement?
Yes. Under section 3 of the Health and Safety at Work etc. Act 1974 and the COSHH Regulations 2002, landlords must make sure tenants are not exposed to risks to their health, which includes legionella. HSE's ACoP L8 confirms that landlords must assess the risk. There is no requirement for a particular certificate, but you must be able to show the risk has been assessed and is being controlled.
Do I need a legionella test?
No, in most cases. HSE is clear that testing or sampling is not usually needed in domestic properties. What matters is understanding the water system and applying simple controls. Sampling may be recommended in unusual situations, such as a property with a large stored hot water system that cannot reach temperature.
Can I do the assessment myself?
You can, if you are competent and understand the risks. Many landlords prefer to use a specialist so they have an independent, professional record. For HMOs, blocks with shared tanks or properties with complex systems, a professional assessment is strongly recommended.
What a good landlord assessment covers
- The type of water heater (combi boiler, cylinder, electric) and its temperature setting
- Any cold water storage tank, its condition, lid and insulation
- Showers, little-used outlets and any dead legs
- Who lives there, including vulnerable occupants
- Simple controls and tenant advice
- What to do during void periods
Void periods and new tenancies
Water left standing in an empty property is the most common risk in lettings. Before a new tenant moves in, run every tap and shower for at least two minutes, flush toilets and descale shower heads if needed. Longer voids may need a programme of weekly flushing.
What to tell your tenants
Give tenants a short information sheet asking them to keep the boiler or cylinder temperature setting as it is, run outlets they rarely use, clean shower heads every few months and report any problems such as the water not getting hot. We include a tenant sheet with every landlord risk assessment.
Scotland, Wales and Northern Ireland
The same duties apply across Great Britain. In Scotland, the repairing standard guidance specifically expects private landlords to have assessed legionella risk. In Northern Ireland, equivalent duties come from the Health and Safety at Work (NI) Order 1978 and COSHH (NI) Regulations, with HSENI providing guidance.
Frequently asked questions
How often should landlords review a legionella risk assessment?
There is no fixed legal interval. Review it when something changes, such as a new boiler or tank, alterations, a change of occupant type or a long void. Many letting agents review at each new tenancy or every two years.
Can a landlord be prosecuted over legionella?
Yes. Failing to assess and control legionella risk can lead to enforcement action and prosecution, particularly if a tenant becomes ill.
Disclaimer: This guide is general information about UK requirements and is not legal advice. Always check the current legislation and guidance for your premises.