Legionella and water safety: your landlord's duty

Legionella is a bacteria that can grow in water systems and cause Legionnaires' disease, a serious form of pneumonia. Landlords have a legal duty to manage the risk of Legionella in rented properties. We cover what that duty involves and what to do if you have concerns.

What is Legionella?

Legionella bacteria thrive in water that is kept at temperatures between 20 and 45 degrees Celsius. The bacteria can grow in water tanks, pipes, showerheads, and other parts of a water system that are rarely used or where water sits stagnant. Legionnaires' disease is spread by breathing in water droplets, for example, from a shower. It cannot be passed from person to person.

Legionnaires' disease can be very serious, particularly for older people, people with weakened immune systems, and people with underlying lung conditions.

What is the landlord's duty?

The Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 impose duties on landlords to control the risk of Legionella in rented properties.

In practice, the Health and Safety Executive (HSE) guidance (HSG274) sets out what landlords must do:

• Risk assessment: carry out a Legionella risk assessment to identify whether the water system poses a risk. For most domestic properties with simple water systems and no water storage tanks, the risk is low and a simple written assessment is sufficient.
• Control measures: where a risk is identified, take steps to reduce it. These include keeping hot water above 60°C, flushing out little-used outlets, and checking that cold water stays below 20°C.
• Maintenance: keep the water system well maintained and address any problems promptly.
• Record keeping: keep records of the risk assessment and any maintenance carried out.

When is the risk higher?

The risk of Legionella in a domestic property is generally low if the water system is simple and well maintained. Risk is higher where:

• The property has a stored hot water cylinder (as opposed to a combi boiler)
• Cold water storage tanks are in the loft or elsewhere in the property
• There are showerheads, hoses, or spray fittings that are used infrequently
• The property has been empty for a period and pipes have not been flushed

In larger or more complex buildings, such as HMOs and blocks of flats with centralised hot water systems, the risk assessment and control measures required are more detailed.

What should you do if you have concerns?

If you are concerned about the water system in your rented home, for example if you have an old water storage tank, if showers or taps have reduced flow, or if the water smells unusual, report your concerns to your landlord in writing.

Ask the landlord to confirm that a Legionella risk assessment has been carried out and what the outcome was.

If the landlord does not respond or refuses to address a genuine risk, you can contact your local council's environmental health department. They have powers to require landlords to comply with health and safety law.

Can Legionella give rise to a disrepair claim?

If a landlord has failed to maintain the water system and you have suffered illness as a result, this can give rise to a claim under the Homes (Fitness for Human Habitation) Act 2018, which requires rented homes to be free from hazards to health and safety. Water safety is explicitly covered by the Act.

When should I contact Support for Tenants?

If you have suffered illness linked to the water system in your rented home and your landlord has failed to maintain it safely, we may be able to advise on whether a claim is possible.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)

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