Legionella Risk Assessment: Landlord Duties and Templates
This article explores legionella risk assessment for landlords, explaining landlord responsibilities and how risk assessment works.
10/06/2026By Sunil Chander · Co-Founder
Ensuring your rental property is safe and habitable extends beyond gas and electrical safety. Another crucial area of compliance for landlords is legionella management. Legionella bacteria grow in water systems that are not properly managed and, if encountered, can cause legionnaire's disease, which is a potentially serious form of pneumonia.
Legionella risk assessment is central to landlords' legal duties under health and safety laws requiring them to protect their tenants from exposure to potential health hazards. Landlords must assess and control risks associated with legionella exposure in order to remain compliant. This article explains landlord responsibilities, how risk assessments work and what practical templates can be used.
The legal basis for legionella risk assessments
The Health and Safety Executive states that landlords have a duty of care to ensure that the properties they let do not expose tenants to health risks, including legionella. This responsibility falls under broader health and safety legislation, such as the Health and Safety at Work Act 1974 (applicable to landlords, as they are considered self-employed) and the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
While there is no specific "Legionella Testing Certificate" or exact timeframe for testing, landlords are expected to carry out a legionella risk assessment that is deemed suitable and sufficient to identify and control the risk of legionella bacteria developing in water systems. Landlords must demonstrate that they have taken proportionate steps to control the risk.
What is a legionella risk assessment for landlords?
A legionella risk assessment is a systematic review of the rental property's water systems to identify where legionella bacteria could grow and how tenants may be exposed. Typically, sources include hot and cold water systems, water storage tanks, unused pipework, showerheads and taps.
The aim of the assessment is to identify conditions that allow the bacteria to thrive and then implement control measures to reduce risk. Legionella bacteria can develop in stagnant water between temperatures of 20°C and 45°C or with nutrient sources, such as rust or biofilm. While the assessment is not a lab test, a thorough visual inspection that is documented is key. In most standard domestic properties, landlords will not require professional microbiological testing unless risk factors are identified.
Who must conduct a legionella risk assessment?
All landlords letting out residential accommodation are obliged to conduct a legionella risk assessment. This includes single homes, flats, HMOs, bedsits and shared properties. The requirement applies regardless of property size, because even a simple domestic water system can experience legionella growth in a stagnant pocket of water.
Failing to carry out or document a risk assessment can leave landlords exposed to enforcement action or liability if a tenant falls ill. You must be able to demonstrate that reasonable precautions were taken. While routine inspections by the Health and Safety Executive are not commonplace for rental properties, evidence of compliance is crucial during legal cases.
Conducting a legionella assessment
1. Identify water system components
Start by reviewing all parts of the water system. This typically includes:
Hot water cylinder and heater
Cold water tanks or storage
Pipes feeding taps and showers
Unused or rarely used outlets
Legionella thrives where water sits stagnant or at temperatures that support bacterial growth. Assess whether water could remain in these conditions for extended periods.
2. Evaluate control measures
Check whether the current management keeps the risk low. For example:
Are taps and showers used frequently?
Are hot water temperatures reaching at least 50°C quickly?
Are cold water temperatures staying below 20°C?
If the design or use of the system allows stagnation or inappropriate temperatures, consider control measures such as flushing toilets and running water taps regularly, cleaning or replacing fixtures, or adjusting thermostat settings.
3. Record your findings
Documenting a legionella risk assessment is a decisive demonstration of compliance and due diligence. It shows you have considered risks and taken sensible steps to control them. Keeping clear notes also helps when tenants change, maintenance happens or if you need to explain your approach to an authority.
Keeping the assessment up to date
While there is no fixed timeframe for how often to conduct legionella checks, it is recommended to review and update the assessment if the following occur:
The water system changes
New tenants move in
There are extended void periods
Control measures are updated or fail
A case of legionnaires' disease is suspected or confirmed
Many landlords choose to review their assessments annually as a practical control measure, and you should review them every two years at a minimum. Regular review ensures that the assessment reflects current conditions and continues to manage risk effectively.
When to consider professional testing
Professional legionella testing, which involves taking samples and analysing bacteria counts in a laboratory, is generally not required for most domestic properties. The primary focus is on risk assessment and control measures. However, if a rental property has complex water systems, shared facilities or tanks and cisterns, engaging a qualified assessor for a formal risk audit and testing may be sensible.
Templates and record keeping
Making use of a legionella risk assessment template helps keep risk reviews structured and easily repeatable. Most templates enable landlords to log the following information:
Property details and contact information
Water system components reviewed
Temperature checks and observations
Identified risks and control actions
Dates and reviewer name
Many free templates are available online and can be adapted to fit the complexity of your rental property.
A legionella assessment checklist
A basic risk assessment checklist can guide you through routine legionella checks:
Look for signs of stagnation, such as disused outlets, tanks or storage systems.
Run all taps and showers regularly, especially after void periods, to flush out stagnant water.
Check temperatures. Hot water should be adequately heated and cold water should remain cool.
Inspect pipework that sees infrequent use for scale or biofilm that can harbour bacteria.
Identify sections of unused pipework where water can stagnate.
Conclusion
For landlords, legionella checks are a vital aspect of their legal duties towards their tenants. Although the law does not require a formal testing certificate, landlords must assess and control the risks associated with legionella bacteria in rental properties.
By undertaking practical risk assessments and proportionate control measures and maintaining clear written records, landlords can demonstrate compliance and reduce potential health risks for tenants. Regular reviews and documented checks ensure problems are recognised and mitigated on a timely basis, keeping tenants safe and protecting you as a property owner.
FAQs
Q. Is a legionella assessment legally required for landlords?
A. Yes, health and safety laws require landlords to assess and control the risk of legionella bacteria in rental properties as part of their duty of care with respect to their tenants. There is no formal "certificate", but you must demonstrate that you have considered the risks.
Q. Do I need to get water tested for legionella?
A. Testing is not usually required in domestic properties unless your risk assessment identifies specific, high risk conditions. For most standard homes, a basic visual assessment and control measures should suffice.
Q. Can I do the legionella risk assessment myself?
A. In some cases, yes. If you understand your property's water system and can identify potential hazards, you can carry out the assessment yourself and record your findings.
Q. How often should I review my legionella risk assessment?
A. There is no fixed legal timeframe, but you should consider reviewing it whenever the property's water system, occupancy or usage changes. Many landlords also review these annually as a matter of good practice.
Q. What are common legionella risk areas in properties?
A. Key risk areas include water tanks, unused outlets, stagnant pipework and systems with stored water. Encouraging water circulation and proper temperatures helps reduce risk.
Q. What should my written assessment record include?
A. Your record should note the date, person completing the assessment, hazards identified, control measures taken and any follow-up actions planned or completed.
Q. Can landlords be fined for non-compliance with legionella checks?
A. Although routine inspection is uncommon, failure to assess and control legionella risk can lead to enforcement action or legal claims if a tenant becomes ill and you cannot show appropriate precautions were taken.
Q. Is professional testing for legionella necessary?
A. Not for simple domestic systems, but professional help is sensible for complex water systems or properties with shared tanks.
Q. Is a legionella template useful for landlords?
A. Yes, templates help structure your assessment, ensure consistency, and provide documented evidence of compliance. Many free options are available online.
Q. Does a combi boiler use affect legionella risk?
A. Properties with combi boilers typically have lower legionella risk, but a risk assessment should still be carried out to confirm there are no stagnation issues.
Sunil oversees operations and compliance at Pauzible, drawing on his extensive experience as the founder and CEO of Dawnbud Limited, a financial services consulting firm. His prior career included senior roles in investment banking at Smith New Court and NatWest. He holds an MBA from LBS, M Litt from Oxford and a PhD from Cambridge.
