Guidance on Legionnaires Disease for landlords

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.

This note is intended to give a brief guide to what the landlord should do. Further advice is available from the Health & Safety Executive.

What is Legionnaires' Disease?

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.

Landlords are under a duty to ensure that the risk of exposure to tenants, residents and visitors by Legionella is properly assessed and controlled.

Normally there is no reason why the landlord should not carry out this risk assessment himself/herself.

Control measures

Simple control measures will help manage the risk from Legionella and these should be maintained including:

flushing out the water system by running all outlets for at least 2 minutes where the premises have not been used e.g. before letting the property or if the property has stood empty for a timeavoiding debris getting into the system (e.g. making sure cold water tanks, if installed, have a tight fitting lid)setting controls so that the hot water is heated to and stored at 60°Cthe removal of any redundant pipe workadvising tenants to regularly clean, descale and disinfect shower heads

Advice for tenants

Landlords are entitled to expect the tenants will play their part in ensuring control measures are maintained. Landlords should:

inform tenants of potential risk of exposure to Legionella and its consequences
tell tenants of any action which arises from the landlords risk assessment if appropriate
tell tenants to inform the landlord if the hot water system is not heating properly or if there are any other problems with the system
tell the landlord if the cold water system is not running cold
tell tenants to keep the water turned over

Unoccupied premises

The risk from Legionella may increase if the property is unoccupied even for a short period. It is important that water is not left to stand in the hot or cold water systems. As a general rule, all outlets on hot and cold water systems should be used at least once a week for at least 2 minutes to maintain a degree of water flow and minimise the chances of stagnation. For long periods consider draining the system. Make sure that the system is flushed through when it is re-occupied by running all outlets for at least 2 minutes.

What happens if the landlord does not carry out his/her obligations?

The consequences can be serious. Landlords are legally required to manage properties so as not to expose tenants, residents and visitors to risk. Heavy fines or even imprisonment can be imposed especially if someone were to unfortunately die. Landlords can be prosecuted even if there is an exposure to risk without anyone actually becoming ill.

Further information

For further information please visit the Health & Safety Executive website at: www.hse.gov.uk/legionnaires and leaflet INDG4578

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