Do Landlords Need a Legionella Risk Assessment?

Yes — landlords in the UK have a legal responsibility to assess and manage the risk of Legionella bacteria in their rental properties.

While there is no specific law stating that every landlord must obtain a formal Legionella Risk Assessment, legislation such as the Health and Safety at Work Act 1974 and guidance under ACoP L8 make it clear that landlords must ensure water systems are safe for tenants.

In practice, this means carrying out a risk assessment and taking appropriate steps to control any identified risks.

What Are a Landlord’s Legal Responsibilities?

Landlords are responsible for ensuring that the risk of exposure to Legionella bacteria is properly assessed and managed.

This includes:

• Identifying potential sources of Legionella growth
• Assessing the level of risk within the property
• Implementing control measures where required
• Ensuring the water system is maintained safely

Even in smaller domestic properties, landlords must be able to demonstrate that they have considered the risk and taken reasonable steps to manage it.

Does Every Rental Property Need a Formal Assessment?

Not necessarily.

For many low-risk domestic properties, a simple assessment carried out by the landlord may be sufficient, provided it is documented and regularly reviewed.

However, a professional Legionella Risk Assessment is recommended where:

• The property has a more complex water system
• There are multiple occupants (e.g. HMOs)
• The property is vacant for extended periods
• There is uncertainty about the condition of the system

In these cases, using a qualified assessor provides clarity and reduces risk.

What Is Considered a Low-Risk Property?

A typical low-risk domestic property is one that:

• Has a simple water system (e.g. combi boiler)
• Is regularly occupied
• Has no water storage tanks
• Maintains good water turnover

Even in low-risk scenarios, landlords should still document their assessment and ensure basic control measures are followed.

What Happens If a Landlord Does Nothing?

Failing to assess and manage Legionella risk can result in:

• Increased risk to tenant health
• Potential legal consequences
• Difficulty defending claims if an issue arises

While enforcement is more common in commercial settings, landlords can still be held accountable if they have not taken reasonable steps to manage risk.

How Often Should Landlords Review the Risk?

Landlords should review their assessment:

• Periodically (typically every 2 years)
• When there is a change in tenancy
• If the water system is altered
• After periods of low usage or vacancy

 

Regular reviews ensure that risks remain controlled over time.

What Control Measures Should Be in Place?

Basic control measures for landlords may include:

• Ensuring hot water is stored and distributed at safe temperatures
• Avoiding water stagnation (e.g. flushing unused outlets)
• Maintaining cleanliness of tanks and systems
• Fixing any faults promptly

 

Where higher risks are identified, additional measures may be required.

Should Landlords Use a Professional Service?

While landlords can carry out basic assessments themselves, many choose to use professional services for reassurance and compliance.

A professional Legionella Risk Assessment provides:

• A structured and documented report
• Clear identification of risks
• Practical recommendations for control measures
• Evidence of compliance

 

This is particularly valuable for HMOs, larger portfolios, or higher-risk properties.

Conclusion

Landlords are legally required to assess and manage the risk of Legionella in their properties. While not every property requires a full professional assessment, all landlords must be able to demonstrate that they have considered and controlled the risk.

 

For many landlords, a professional assessment provides peace of mind and ensures compliance with ACoP L8 guidance.