Keeping tenants safe is one of the most critical jobs for UK landlords and property managers. Most are familiar with the need for gas checks, smoke alarms, and electrical checks, but one omission that tends to slip under the radar is the Legionella risk assessment. Failing to complete this critical task can have severe health, legal, and financial implications, though.
Legionella bacteria can lead to Legionnaires’ disease, a potentially lethal pneumonia, and the landlord is under a legal obligation to avoid exposure to it within their properties. It is crucial for compliance and the health of tenants to know what Legionella is, why the risk assessment is necessary, and how effectively these risks can be managed.
The Legal Framework: Landlord Obligations
UK legislation imposes a clear responsibility on landlords and property managers to recognise and manage Legionella hazards. The most significant legislation regulating this is:
The Health and Safety at Work etc. Act 1974 – Mandates landlords to ensure that the properties do not pose a risk to tenants’ health and safety.
The Control of Substances Hazardous to Health (COSHH) Regulations 2002 impose an obligation on landlords to assess and control exposure to harmful substances, such as Legionella bacteria.
The Approved Code of Practice (ACoP) L8, published by the Health and Safety Executive (HSE), provides specific guidance on complying with the law when managing water systems.
In straightforward terms, all landlords—whether they have a single flat or a portfolio of properties—must conduct a Legionella risk assessment and then take the necessary steps to reduce any identified risks.
Not doing so can result in draconian legal and financial sanctions, particularly if a tenant falls ill through negligence.
