For landlords and letting agents
Legionella risk assessments for landlords
Landlords have a duty to assess the risk from legionella. HSE says this does not need to be an in-depth, detailed assessment, and that most landlords can do it themselves. Here is what the duty involves and where it stops.
Last reviewed October 2026 against HSE guidance.
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What the law requires
HSE defines a landlord as anyone who rents out a property they own under a lease or licence shorter than 7 years. That includes private landlords, housing associations, local authorities and people renting out a room in their own home.
Section 3(2) of the Health and Safety at Work etc Act applies health and safety duties to landlords, and the COSHH Regulations set out how to assess and control hazardous substances, including legionella. HSE sums up the practical effect like this:
“...while there is a duty to assess the risk from exposure to legionella to ensure the safety of their tenants, this does not require an in-depth, detailed assessment.”
HSE also says the risks in most residential settings are generally considered to be low, because water is used regularly and turns over.
What a low-risk property looks like
HSE gives a typical low-risk example: a small building with a small domestic-type water system where:
- daily water use is inevitable and enough to turn over the whole system
- cold water comes directly from the mains, with no stored water tanks
- hot water comes from instantaneous heaters or low-volume water heaters supplying outlets at 50°C
- the only outlets are toilets and wash hand basins
HSE adds that the risk is lower again where combi boilers and electric showers are fitted, because there is no stored water. A simple assessment of a property like this may show that no further action is needed.
Simple control measures
HSE's advice for domestic systems is to keep the hot water hot, keep the cold water cold and keep it moving. The control measures it lists for landlords are:
- flush out the system before letting the property
- keep debris out of the system, for example with a tight-fitting lid on any cold water tank
- set the hot water cylinder so water is stored at 60°C
- remove any redundant pipework
What to tell tenants
Tenants should be told about any control measures they need to keep up. HSE says they should:
- not adjust the temperature setting of the hot water cylinder
- regularly clean showerheads
- tell you if the hot water is not heating properly or there is any other problem with the system
The free template includes a one-page tenant sheet with these points.
Empty properties and void periods
Stagnant water is the main risk in an empty property. HSE's general principle is that outlets on hot and cold water systems should be used at least once a week to keep water moving. For longer vacant periods, such as student lets over the summer, it advises a suitable flushing regime or draining the system.
See legionella checks and flushing for a simple routine.
What landlords are not required to do
| Common claim | What HSE says |
|---|---|
| You need a legionella certificate | Health and safety law does not require landlords to obtain or produce a ‘legionella test certificate’. |
| You must test the water | Testing or sampling is not usually required for domestic hot and cold water systems, and is only needed in very specific circumstances. |
| You must renew it every year or two | The law does not prescribe that the risk assessment be reviewed on an annual or biennial basis. Review it periodically in case anything changes. |
| You must use an accredited assessor | Most landlords can assess the risk themselves and do not need to be professionally trained or accredited. |
| You must keep written records | Landlords are not necessarily required to record the findings, though HSE says you may find it wise to keep a record. |
The Repairing Standard guidance for private landlords in Scotland says the assessment should be reviewed at intervals of no more than two years. See Scotland.
What happens if you ignore it
HSE says inspectors do not proactively inspect domestic premises or ask landlords for evidence of a risk assessment. The exposure comes if a tenant falls ill. In HSE's words, if a tenant were to contract Legionnaires' disease from the water system in their home, the landlord may be liable to prosecution, and would have to show a court that they had fulfilled their legal duty.
Some letting agents, insurers and licensing schemes also ask to see an assessment. That is a contractual or scheme requirement, separate from the legal duty, so check what yours expects.
Questions people ask
Is a legionella risk assessment mandatory for landlords?
Landlords have a legal duty to assess the risk from legionella. HSE says this does not require an in-depth, detailed assessment, and that for most domestic properties a simple assessment is enough.
Can a landlord do their own legionella risk assessment?
Yes. HSE says most landlords can assess the risk themselves and do not need to be professionally trained or accredited. If you do not feel competent, or would rather not, you can arrange for someone else to do it.
Do I need a new assessment for every tenancy?
The law does not require a new assessment for each tenancy. Review the existing one when tenants change, because the people at risk and the pattern of water use may be different, and flush the system if the property has been empty.
Does a letting agent have to do the assessment?
Whoever controls the property and its water system holds the duty. Where an agent manages the property under an agreement, the agreement should make clear who is responsible. If it does not, the duty stays with whoever has control.
Do I need to test the water in a rental property?
Not usually. HSE says testing or sampling for legionella is not usually required for domestic hot and cold water systems. Temperature checks are a reliable way to confirm the system is under control.
Sources
- HSE: Legionella and landlords' responsibilities
- HSE: Legionnaires' disease, what you must do
- HSE: Hot and cold water systems
- Scottish Government: Repairing Standard statutory guidance for private landlords, Annex D
Checked against these sources in October 2026. This page is general information, not legal advice.
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An editable Word template for a simple rental property, based on the points HSE asks landlords to consider.
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