Legionella risk assessments for landlords in England
If you let residential property in England you are expected to identify, assess and manage the risk from Legionella bacteria in the water system. For most houses and flats that means a short, proportionate Legionella risk assessment that is specific to the property and written down.
This page sets out the legal basis, what the HSE actually asks of landlords, and what a useful record looks like.
The short answer
Landlords and others in control of premises must identify, assess and manage the risk from Legionella under the Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002.
The HSE's position is that most straightforward domestic water systems are likely to be low risk and need only a simple, proportionate assessment.
There is no statutory Legionella certificate, no general requirement to use a third-party assessor, and no fixed annual or biennial renewal date — you review periodically and whenever relevant circumstances change.
Official guidance from Health and Safety Executive (HSE)At a glance
- Regulator
- Health and Safety Executive (HSE)
- Legal and guidance basis
- Health and Safety at Work etc. Act 1974 and COSHH 2002, with HSE guidance for landlords
- Professional assessor required?
- Not generally for a straightforward domestic system, provided the person assessing is competent for that system
- Fixed annual renewal?
- No. Review periodically and whenever relevant circumstances change
- Routine laboratory water testing?
- Not normally required for a straightforward domestic property
What this means for a typical rental property
A typical English rental is a house or flat on a mains supply with a small number of outlets and no cooling equipment. Water moves through the system regularly while the property is occupied, which is the single biggest reason these systems tend to be low risk.
The risk factors worth attention are therefore the ones that interrupt that pattern: a void period, a spare bathroom nobody uses, an outside tap left unused all winter, a cylinder set too cool, or scale and debris in a shower head that produces spray.
Combi boiler and no hot-water cylinder
Where the property has a gas combination boiler and no stored hot-water cylinder, the risk is commonly lower because hot water is heated on demand rather than stored at a temperature where bacteria can multiply. That does not make the risk zero. You should still check for stagnation and little-used outlets, the cleanliness and condition of shower heads and hoses, the temperature and condition of the cold water, dead legs and redundant pipework, and any occupant or system factors that increase susceptibility or exposure.
How to carry out a proportionate Legionella risk assessment
- 1
Understand the water system
Record how water is heated and whether it is stored: a combination boiler with no cylinder, a vented cylinder with a loft tank, an unvented cylinder, or a shared or communal arrangement. Note tanks, pumps, softeners and any pipework you cannot account for.
- 2
Identify who is exposed and how
Legionella causes harm when contaminated water is breathed in as fine spray. Note showers, spray taps, hoses and any occupants who may be more susceptible, such as older people or those with weakened immunity.
- 3
Inspect storage, pipework and outlets
Look at the cylinder or tank where one is fitted, tank lids and insulation, exposed pipework, shower heads and hoses, and any outlet that is rarely used. Note redundant pipework and dead legs that let water sit.
- 4
Record readings and observations using a documented method
Where it is practical, run each outlet and note the hot and cold temperatures reached, the time run and the outlet they belong to. These are monitoring observations that support your judgement about the system — they are not microbiological testing.
- 5
Identify proportionate actions
Typical actions are descaling and cleaning shower heads, flushing little-used outlets, removing redundant pipework, adjusting a cylinder that is running cool, and giving the tenant simple advice about flushing after a period away.
- 6
Review when circumstances change
Reassess after works to the plumbing, a change of heating or hot-water system, a long void, a change in who occupies the property, or anything that suggests the earlier assessment no longer describes the system.
How this sits alongside English housing law
Housing conditions in England are judged separately under the Housing Health and Safety Rating System, and the Homes (Fitness for Human Habitation) Act 2018 gives tenants a direct route where a property is unfit. Neither creates a Legionella certificate, but both make the condition of the water system relevant.
In practice that means the actions coming out of a Legionella risk assessment — a cylinder running cool, uninsulated pipework, a scaled shower — are worth completing and evidencing as repairs, not simply noting.
When self-assessment is not appropriate
Refer the property to a competent specialist, or to whoever controls the shared plant, where any of the following apply. Deciding whether you have sufficient competence for a particular system remains your judgement.
- Communal or shared water systems serving more than one dwelling
- Large or complex stored hot or cold water systems
- Spa pools, hot tubs, cooling towers or evaporative cooling equipment
- Occupants who are significantly more susceptible to infection
- Readings that stay abnormal after the obvious actions have been taken
- Plumbing you cannot follow, or suspected dead legs you cannot resolve
- Any situation where you do not consider yourself competent for that system
What records should a landlord keep?
- A description of the water system, including how water is heated and whether it is stored
- A room-by-room list of outlets, including showers, little-used taps and outside taps
- Hot and cold observations taken after running, with the date and the outlet they relate to
- Whether an outlet is blended through a thermostatic mixing valve
- Photographs or notes supporting anything unusual
- The findings, the action identified for each, and whether it has been completed
- Advice given to the tenant, and any flushing carried out during a void
- The date of the assessment and the point at which you intend to review it
England landlord questions answered
Is a Legionella risk assessment a legal requirement in England?
The duty is to identify, assess and manage the risk from Legionella under the Health and Safety at Work etc. Act 1974 and COSHH 2002. For a straightforward domestic property the HSE expects a simple, proportionate assessment rather than an elaborate exercise, and it should be recorded so you can show what you considered.
Do I need a Legionella certificate for a rented property in England?
No. There is no statutory Legionella certificate for residential lettings. What is useful is a dated Legionella risk assessment report describing the system, the checks made, the findings and any actions — which you can retain or share with a tenant or agent.
How often should the assessment be reviewed?
There is no prescribed annual or biennial period in England. Review periodically and whenever circumstances change — plumbing works, a new hot-water system, a long void, a change of occupants, or anything suggesting the original description no longer matches the property.
Can a landlord carry out the assessment themselves?
A landlord may self-assess where they are competent for that particular system — meaning they understand it well enough to spot the risks and judge what is needed. Complex, communal, higher-risk or uncertain systems should be referred to a competent specialist.
Does a combi boiler mean there is no Legionella risk?
No. A combination boiler with no stored hot water commonly reduces the risk, but stagnation in little-used outlets, dead legs, scaled shower heads and warm cold-water pipework can all still matter, so the property still needs assessing.
Do I need laboratory water testing?
Routine microbiological sampling is not normally required for a straightforward domestic property. Temperature observations are monitoring evidence supporting your assessment — they are not a laboratory test for Legionella bacteria.
Turn the guidance into a property-specific record
LegionellaWise walks through the property room by room, prompts for the outlets and observations that matter for the system you describe, and keeps photos attached to the finding they support. The result is a structured, versioned Legionella risk assessment report you can retain or share with a tenant or agent.
You can set a review reminder for a date you choose. That is a prompt for your own diary — the need to review is driven by changes to the property and its risk, not by a reminder expiring. LegionellaWise guides and records the work; deciding whether you have sufficient competence for the system remains yours.
Check if your England property is suitable
Official sources
- HSE — Legionella and landlords' responsibilities
- HSE — Legionnaires' disease: technical guidance and ACOP L8
General information for landlords, not legal advice. Always check the current guidance published by the regulator for your jurisdiction.