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Attention Landlords: Legionnaire's Disease 101

Landlords of residential accommodation have responsibilities for combating Legionnaires' Disease. Health and safety legislation requires that landlords carry out risk assessments for the Legionella bacteria which cause Legionnaires' Disease and thereafter maintain control measures to minimise the risk. Most rented premises will be low risk but it is important that risk assessments are carried out and control measures introduced.

Legionnaires' Disease is a pneumonia like illness caused by the Legionella bacteria and can be fatal. The infection is caused by breathing in small droplets of water contaminated by the bacteria. The disease cannot be passed from one person to another.

Legionella bacteria are found in the natural environment and may contaminate and grow in water systems, including domestic hot and cold water systems. They survive low temperatures and thrive at temperatures between 20 - 45°C if the conditions are right. They are killed by high temperatures at 60°C or above.

Some consultants and letting agents are misinterpreting or misunderstanding landlords' responsibilities regarding legionella risks. They are claiming that Guidance from HSE is somehow new legislation imposing new requirements on residential landlords. This is wrong. The HSE themselves say that the legislation has not been changed and any misinterpretation or misunderstanding can impose unnecessary financial burdens on landlords where they have been charged for legionella testing certificates that they do not actually need. HSE emphasise that legionella testing/sampling is generally not required in domestic hot water systems and then only in exceptional circumstances.

As already indicated, landlords are responsible for making sure that the risks involving Legionella are properly assessed and controlled. Where a managing agent is used the management contract should specify who has responsibility. Landlords must assume that unless the managing agent takes on this responsibility, they as landlord will be responsible for compliance.

Do landlords need to employ a consultant or undertake sampling tests?

For straight forward residential accommodation the answer to this should be "no" as long as landlords are reasonably knowledgeable and competent. Sometimes agents and consultants tell landlords that they need to employ a consultant to conduct an annual check or even to have sampling undertaken. HSE guidance indicates that normally this will not be necessary. However, if a block of flats are involved, unless each flat has its own self-contained hot and cold water system, a more comprehensive risk assessment may be needed.

Needless to say Complete RPI will make sure that all our clients are compliant!