Everything Landlords need to know about Domestic Legionella Risk Assessments

As a responsible landlord, it's essential to prioritize the safety and well-being of your tenants. While you may already be familiar with compliance regulations for electrical safety, gas safety, and energy performance (EPC), one area that often goes overlooked by landlords is a domestic Legionella risk assessment. Legionella, a bacteria that can cause Legionnaires' disease, poses a potential risk in domestic properties.

In this guide, we will delve into the world of domestic Legionella risk assessments for landlords, ensuring you have all the necessary information to keep your properties and tenants safe.

Understanding Legionella and Legionnaires' Disease

Legionella is a bacteria commonly found in water systems, including hot and cold water systems, water tanks, and water heaters. Legionnaires' disease is a severe form of pneumonia caused by inhaling water droplets or aerosols containing Legionella bacteria. It can be a life-threatening illness, especially for vulnerable individuals.

Under favourable circumstances - such as an appropriate temperature range for growth, the production and dispersion of water droplets (aerosols), water being stored or circulated, and the presence of materials like rust, sludge, scale, and biofilm that serve as 'nourishment' for the bacteria - there exists the possibility for bacterial multiplication, consequently elevating the risk of exposure.

When is a Legionella risk assessment required for Landlords?

Landlords are legally obligated to conduct a Legionella risk assessment on their properties. This requirement is derived from the Control of Substances Hazardous to Health Regulations 1989 (COSHH) and Section 3(2) of the Health and Safety at Work Act 1974 (HSWA). It applies to both business and domestic premises.

Landlords can either perform the domestic Legionella risk assessment themselves if competent or hire a professional for the task. For the specific laws and regulations read the section below. 

What does the law say?

Landlords have a clear legal obligation when renting out properties, including rooms within their own homes, to ensure the well-being and safety of their tenants by maintaining a secure and hazard-free environment.

According to Section 3(2) of the Health and Safety at Work Act 1974 (HSWA), landlords are subject to relevant health and safety regulations that enforce a duty of care towards their tenants' health and safety. This provision stipulates that individuals conducting self-employed activities must undertake their operations in a manner that reasonably ensures the absence of health or safety risks for themselves and others not categorised as their employees.

In the context of HSWA, landlords are classified as self-employed, and tenants fall under the category of "other persons (not being his employees)." Consequently, if a property is being rented out, landlords must carry out their responsibilities to prevent tenants from facing health and safety hazards.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) outlines a framework for managing risks associated with a variety of hazardous substances, including biological agents such as Legionella bacteria. This involves identifying and evaluating potential risks and implementing necessary measures to control those risks.

It's crucial to emphasise that the UK legislation remains unchanged. The requirement for landlords to assess the risks of Legionella exposure to their tenants has been in place since the publication of the L8 Approved Code of Practice (3rd edition) (ACOP) in 2001. This requirement applies to both residential and commercial properties.

The L8 ACOP, first published in 2001 and revised and reissued in November 2013, maintains guidance regarding the responsibilities outlined in HSWA and COSHH for employers and individuals accountable for premises management, including landlords. This ACOP pertains to the management of Legionella bacteria in all activities involving work and encompasses premises used for trade, business, or other endeavours where water is used or stored, and a risk of Legionella exposure exists.

Conducting a Legionella risk assessment

A thorough domestic Legionella risk assessment involves several key steps to identify potential hazards, assess risks, implement control measures, and maintain records for future reference.

While a Legionella testing certificate or sampling is not mandatory for landlords, it can be part of a professional risk assessment. The assessment should be conducted by someone competent in Legionella risks. This can also be the landlord self. 

Frequency of Legionella risk assessments

The frequency of conducting and reviewing a Legionella risk assessment is not a fixed timetable, such as on an annual or biennial basis. However, it is essential to conduct periodic reviews to account for any alterations that may arise.

In situations where accessing occupied housing units presents challenges, suitable checks can be conducted by inspecting the water system during obligatory visits like gas safety checks or routine maintenance visits. 

Generally, it is recommended to review an assessment every two years or before a new tenancy begins. Significant changes to the property's water systems should also prompt a risk assessment.

Who does Legionella risk assessments? Professional vs. DIY

While a professional risk assessment is not a legal requirement, it can offer peace of mind and expertise in identifying potential risks. The time required for an assessment varies based on the property size and complexity.

Smaller properties with combi boilers may take as little as twenty minutes, while larger properties with multiple bathrooms and water tanks may require an hour or more.

With BriqSafe we ensure you take the correct measurements and assess your property thoroughly as we have put the consultants' knowledge into an easy-to-use app. By guiding you through your building you can rest assured that you've assessed your building according to the guidelines. 

What does a Residential Legionella risk assessment report involve?

When conducting a Legionella risk assessment for your rental property, it is crucial to comprehensively assess all water systems. This assessment encompasses the following key steps:

• Identifying Potential Hazards and Assessing Risk Level: Carefully examine the water systems to identify any potential hazards associated with Legionella bacteria. Evaluate the level of risk posed by these hazards.
• Identifying Those at Risk: Determine who may be vulnerable to Legionella exposure within the property. This includes tenants, employees, or individuals who frequently visit the premises.
• Testing the Water System for Legionella (optional): Although not legally required, it is common for professionals to conduct testing or sampling of the water system to detect the presence of Legionella bacteria. This step provides valuable insights during a Legionella risk assessment.
• Implementing Control Measures: Take necessary measures to minimize the risk of Legionella contamination. This may involve implementing control measures such as temperature adjustments, regular system maintenance, disinfection protocols, and proper water management practices.
• Recording Assessment Findings: Document the findings of the risk assessment, including identified hazards, risk levels, and control measures implemented. This record serves as a reference for future assessments and ensures compliance with legal requirements.
• Reviewing the Assessment: Regularly review the Legionella risk assessment to ensure its effectiveness and relevance. Periodic reassessment is essential, especially when there are changes to the property's water systems or occupancy.

To ensure a thorough and accurate Legionella risk assessment, you can use BriqSafe to help you understand potential Legionella hazards and how to assess your property.

Our software helps you to make a comprehensive evaluation of the property's water systems and enable appropriate control measures to be implemented, ultimately safeguarding the health and well-being of tenants.

Minimising Legionella Risks in Domestic Rental Properties

There are proactive steps landlords can take to minimise the risks of Legionella in their domestic rental properties. Following the recommendations of the Health and Safety Executive (HSE) can significantly reduce the likelihood of Legionnaires' disease. These measures include:

• Flushing out the water system before a new tenancy begins and regularly during void periods.
• Ensuring systems and tanks are securely fitted to prevent debris accumulation.
• Setting control parameters, such as maintaining hot water storage at 60°C.
• Removing any faulty or redundant pipework (dead legs).
• Informing tenants about these measures and advising them to report any water system issues promptly.
• Encouraging regular cleaning and disinfection of showerheads by tenants.
  

Information for Tenants

Tenants should be informed about any precautionary measures that have been implemented, which they are expected to uphold. These measures include refraining from adjusting the temperature settings of the water heater and maintaining regular cleaning of showerheads. Additionally, tenants should promptly notify the landlord if the hot water is not functioning properly or if any other issues with the water system arise, so that appropriate corrective measures can be taken.

In cases where showers are present, it's important to note that these fixtures have the capacity to generate and disperse water droplets (aerosols), which might potentially be inhaled, posing a foreseeable risk of Legionella exposure. With regular usage, as is common in most residential settings, the associated risks are mitigated. Nevertheless, tenants should be advised to routinely clean and disinfect showerheads. 

Other Inspections and Assessments for Landlords

Legionella risk assessment is just one of several inspections and assessments landlords must perform to maintain compliance and ensure tenant safety. These include:

• Annual gas safety inspections and issuing a gas safety certificate.
• Electrical safety inspections every five years.
• Energy performance assessments to meet the required rating of 'E' or above, with an accompanying Energy Performance Certificate (EPC).
• Regular checks of smoke alarms and carbon monoxide detectors.
• Providing tenants with the government's "How to Rent" guide at the start of the tenancy.

Failure to fulfil these requirements may result in significant fines and could jeopardise your ability to issue a Section 21 notice to your tenants.

Maintaining Records of the Legionella Risk Assessment:

While it is not mandatory for landlords to document the outcomes of the assessment, it is advisable for landlords to maintain a record of the assessment's details for their own benefit and reference.

Conclusion

In conclusion, landlords must prioritise water safety in their rental properties by conducting regular legionella risk assessments (2 yearly or every tenant switch).

By understanding the risks associated with Legionella and implementing control measures, landlords can provide a safe and habitable environment for their tenants. While professional assessments offer expertise, landlords can also perform their own assessments.

BriqSafe simplifies the process and empowers landlords to fulfil their obligations quickly. Don't overlook the importance of Legionella risk assessment—it's a crucial step toward ensuring the well-being of your tenants and maintaining compliance with legal requirements.