Assess and control the risk from Legionella

Any residential letting under a lease or licence shorter than 7 years, including renting a room in your own home.

Assess the risk from exposure to Legionella in the hot and cold water systems and implement proportionate controls: keep hot water hot (stored at 60°C where there is a cylinder), cold water cold, and water moving; flush the system before letting and during long vacancies; keep tanks covered; remove redundant pipework. Tell tenants about controls they should maintain, such as cleaning showerheads and reporting hot water problems. Review the assessment if anything changes. Most landlords can do the assessment themselves; recording it is not legally required unless the landlord employs 5 or more people, but HSE advises keeping a record.

Deadline

Ongoing

No fixed review interval in law; review periodically and when the system or occupancy changes. Flush before each new let.

• Written Legionella risk assessment (recommended)
• Record of flushing before a new tenancy and during vacant periods
• Tenant information given on water system controls

Criminal offence

Yes, you can be prosecuted

Other consequences

HSE and councils do not proactively inspect, but if a tenant contracts Legionnaires' disease from the system the landlord may be prosecuted under the Health and Safety at Work etc. Act 1974 (up to 2 years' imprisonment and/or an unlimited fine on indictment).

• Health and Safety at Work etc. Act 1974, s.3 (duties to persons other than employees)legislation.gov.uk
• Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 (SI 2015/1583), reg 2legislation.gov.uk
• Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677), reg 6 (risk assessment)legislation.gov.uk
• Health and Safety at Work etc. Act 1974, Schedule 3A (penalties)legislation.gov.uk

Official guidance

HSE treats landlords as self-employed for HSWA purposes and applies COSHH and the L8 Approved Code of Practice. HSE states that health and safety law does not require a 'legionella test certificate' and that sampling is rarely needed in domestic systems.

• Annual gas safety check by a Gas Safe registered engineerIn force since 3 October 1998

  Every gas appliance and flue you provide must be safety-checked by a Gas Safe registered engineer within 12 months of installation and then at least every 12 months, and within the 12 months before any new tenancy starts.

• Keep gas fittings and flues in a safe conditionIn force since 3 October 1998

  Between annual checks you must keep the gas appliances, pipework and flues you are responsible for safe, and act promptly on any defect found.

• Keep gas safety recordsIn force since 6 April 2018

  Keep each gas safety record until two further checks have been made on that appliance or flue, and make it available to occupiers on request.

• Give existing tenants the gas safety record within 28 daysIn force since 3 October 1998

  After each annual gas check, give a copy of the record to every existing tenant within 28 days.

• Give new tenants the gas safety record before they move inIn force since 3 October 1998

  A new tenant must receive a copy of the latest gas safety record before they occupy the property.

• Electrical installation inspection and test at least every 5 yearsIn force since 1 June 2020Fine up to £40,000

  Have the fixed electrical installation inspected and tested by a qualified person before each tenancy starts and at least every 5 years, or sooner if the report says so.

• Give existing tenants the electrical report within 28 daysIn force since 1 June 2020Fine up to £40,000

  After each electrical inspection, give a copy of the report to each existing tenant within 28 days.

• Give new tenants the electrical report before they move inIn force since 1 June 2020Fine up to £40,000

  A new tenant must receive a copy of the most recent electrical report before occupying the property.

• Give prospective tenants the electrical report within 28 days of a written requestIn force since 1 June 2020Fine up to £40,000

  If a prospective tenant asks in writing for the electrical report, you must supply it within 28 days.

• Give the council the electrical report within 7 days of a written requestIn force since 1 June 2020Fine up to £40,000

  If the council asks in writing for the electrical report, you must send it within 7 days.

• Keep the electrical report and pass it to the next inspectorIn force since 1 November 2025Fine up to £40,000

  Keep each electrical report until the next inspection is due or done, and give a copy to the person doing the next inspection.

• Complete electrical remedial or investigative work within 28 daysIn force since 1 June 2020Fine up to £40,000

  If the electrical report records C1 or C2 defects or FI (further investigation), have the work done by a qualified person within 28 days of the inspection, or sooner if the report says so.

• Send written confirmation of electrical remedial work to tenants and the council within 28 daysIn force since 1 June 2020Fine up to £40,000

  After remedial or investigative work, get written confirmation from a qualified person and send it, with the original report, to the tenants and the council within 28 days of completion.

• Smoke alarm on every storey with living accommodationIn force since 1 October 2015Fine up to £5,000

  There must be a smoke alarm on each storey that has a room used wholly or partly as living accommodation, including bathrooms and toilets, throughout the tenancy.

• Carbon monoxide alarm in rooms with a fixed combustion applianceIn force since 1 October 2022Fine up to £5,000

  Any room used as living accommodation that contains a fixed combustion appliance (other than a gas cooker), such as a boiler, gas fire or wood burner, must have a carbon monoxide alarm.

• Check smoke and CO alarms work on the day a new tenancy beginsIn force since 1 October 2015Fine up to £5,000

  On the first day of each new tenancy, check that every required smoke and carbon monoxide alarm is in proper working order.

• Repair or replace faulty smoke or CO alarms after a tenant reportIn force since 1 October 2022Fine up to £5,000

  If a tenant reports that an alarm is not working, check it and repair or replace it as soon as reasonably practicable.

• Furniture supplied in a furnished let must meet fire safety rulesIn force

  Upholstered furniture, beds, mattresses, pillows and cushions you provide in a let must meet the Furniture and Furnishings (Fire) (Safety) Regulations, which is normally shown by a permanent label.

• HMO management dutiesIn force since 6 April 2006Fine up to £40,000

  Whoever manages an HMO must meet the HMO management regulations on contact details, fire safety, water, gas and electricity, common parts, living accommodation and waste, whether or not the HMO is licensed.

• HMO manager: send the gas safety certificate to the council within 7 days of a requestIn force since 6 April 2006Fine up to £40,000

  If the council asks in writing, the HMO manager must send the latest gas safety certificate within 7 days.

• Give tenants the gas safety record (cross-reference)In force

  Give existing tenants a copy of the gas safety record within 28 days of each check, and new tenants the latest record before they move in.

• Give tenants the electrical safety report (cross-reference)In force

  Give existing tenants the EICR within 28 days of the inspection, new tenants before they move in, and prospective tenants within 28 days of a written request.