Is a Legionella Risk Assessment Mandatory for Landlords?

Is a Legionella risk assessment mandatory for landlords? The answer isn’t as straightforward as a simple yes or no, which can lead to confusion about what is actually required and how to remain compliant with current guidance. 

Here, we’ll explain what the law says about a Legionella risk assessment for landlords. This includes what can happen if you fail to assess the risk, the difference between risk assessments and water testing, and whether you can carry out the assessment yourself. We can also help you protect your tenants while meeting your legal responsibilities.

Landlords, Legionella Risk Assessments, and Legislation

As a landlord, you have a legal responsibility to assess and manage potential health risks within your property’s water system. And, while UK legislation does not specifically state that every landlord must purchase a professional Legionella Risk Assessment, it does require landlords to identify and control risks associated with Legionella bacteria where they exist. These responsibilities are supported by the Health and Safety at Work etc. Act 1974, where applicable, the Control of Substances Hazardous to Health (COSHH) Regulations, Approved Code of Practice (ACOP) L8, and HSG274 guidance.

For most landlords, carrying out a Legionella Risk Assessment is the recognised and most practical way to demonstrate that this responsibility has been met. 

Can Landlords Carry Out Legionella Risk Assessments Themselves?  

Yes, but only if they have the necessary competence to do so. The Health and Safety Executive (HSE) states that the person carrying out a Legionella risk assessment must be competent. This means they should have sufficient knowledge of Legionella bacteria, understand how different water systems work, recognise potential hazards, and know how to identify appropriate control measures.

If you own a simple domestic property with a straightforward water system, you may feel confident carrying out your own assessment after familiarising yourself with the relevant guidance. However, many properties are more complex than they first appear, and identifying potential risks often requires experience that goes beyond a basic understanding of the regulations.

See our guide to Who Can Carry Out a Legionella Risk Assessment for more information on who is responsible and qualified to undertake a Risk Assessment.

What Should Be Considered in a Legionella Risk Assessment?

When thinking of or carrying out a risk assessment, a landlord should consider factors such as:

• The type and condition of the property’s water system
• Whether water could remain stagnant within pipework
• Hot and cold water temperatures
• The condition of storage tanks and water outlets
• Any occupants who may be more vulnerable to Legionella bacteria and therefore Legionnaires’ disease

These responsibilities apply across a wide range of rented accommodation, including:

• Private rented homes
• Houses of Multiple Occupation (HMOs)
• Apartment blocks with shared water systems
• Housing association properties
• Properties managed by letting agents on behalf of landlords

The exact level of risk will vary from property to property. A modern flat with a straightforward water system may present relatively little risk, whereas larger buildings or older plumbing systems may require more detailed management and frequent checks. Either way, understanding your responsibilities under current Legionella regulations in the UK is an important part of being a responsible landlord.

When to Use a Professional Service

Professional Legionella Risk Assessments are particularly recommended for:

• HMOs
• Apartment buildings with shared water systems
• Older properties with ageing pipework
• Larger residential developments
• Properties with cold water storage tanks
• Buildings where occupants may be more vulnerable to illness

A professional assessor can identify issues that are easy to overlook, such as poorly insulated pipework, hidden dead legs, incorrect water temperatures or ageing components that may increase the risk of bacterial growth.

Choosing a professional also provides documented evidence that the assessment has been completed by someone with the appropriate expertise. This can offer valuable reassurance should you ever need to demonstrate compliance with your legal responsibilities.

What Happens if Landlords Don’t Do A Legionella Risk Assessment? 

Choosing not to carry out a Legionella Risk Assessment comes with a variety of risks:

Increased Risk To Tenant Health

Legionella bacteria can develop in man-made water systems where conditions allow them to multiply. If contaminated water droplets are inhaled, they can cause Legionnaires’ disease, a potentially serious form of pneumonia.

While anyone can become ill, the risk is generally greater for:

• Older adults
• Smokers
• People with weakened immune systems
• Those with existing respiratory conditions

Without a proper assessment, issues such as stagnant water, poorly maintained tanks or unsuitable water temperatures may go unnoticed for long periods.

Legal and Regulatory Consequences

Landlords are expected to assess and control foreseeable risks within their properties. If they fail to do so and someone becomes ill because reasonable precautions were not taken, enforcement action may follow.

Depending on the circumstances, this could include:

• Investigation by the relevant authorities
• Improvement notices requiring remedial action
• Enforcement proceedings
• Prosecution where serious negligence has contributed to illness

Maintaining appropriate records and demonstrating that risks have been properly assessed can be an important part of showing compliance if questions are ever raised.

Financial and Reputational Costs

Ignoring Legionella risks can also prove costly.

Potential consequences include:

• Emergency remedial works
• Legal expenses
• Compensation claims
• Increased insurance complications
• Damage to your reputation as a landlord

By comparison, arranging a professional Legionella Risk Assessment is a relatively straightforward step that can help identify problems before they become much larger and more expensive to resolve.

How Does A Professional Legionella Risk Assessment Work in a Rented Accommodation Or Housing Block? 

We understand that landlords and property managers want a straightforward process that provides clear answers without unnecessary disruption. Our experienced assessors carry out comprehensive Legionella Risk Assessments that are tailored to the size, complexity and occupancy of each property, whether it’s a single rental home, an HMO or a larger housing block.

Initial Review

Every assessment begins with an understanding of the property itself.

Our assessor will consider factors such as:

• The type of accommodation
• The age of the building
• The design of the water system
• The number of occupants
• Any previous Legionella assessments or remedial works

This provides valuable context before the on-site inspection begins.

Detailed Site Inspection

The assessor will then examine the property’s water system, looking for conditions that could allow Legionella bacteria to develop.

Depending on the property, this may include inspecting:

• Cold water storage tanks
• Hot water systems
• Pipework throughout the building
• Shower heads and taps
• Water temperatures at key outlets
• Little-used outlets
• Redundant pipework (dead legs)
• General cleanliness and condition of the system

Rather than simply identifying problems, the inspection aims to understand how the entire water system operates and where practical improvements could be made.

Risk Evaluation

Once the inspection has been completed, the findings are carefully evaluated to determine the overall level of risk. Any issues identified are prioritised according to their significance, so the owner understands which actions should be taken first and which may simply require ongoing monitoring.

Where appropriate, the assessor will also determine whether additional measures, such as Water Sampling, are recommended. This ensures that testing is carried out when it adds genuine value, rather than as an unnecessary routine exercise.

Comprehensive Reporting and Recommendations

Following the assessment, you’ll receive a detailed report outlining the findings in a clear and practical format.

The report explains:

• The condition of the water system
• Any identified risks
• Recommendations for improvement
• Suggested control measures
• Whether any further monitoring or remedial work is advisable

We pride ourselves on providing reporting that is tailored to our clients’ needs. Rather than overwhelming anyone with technical jargon, we present clear, understandable information alongside practical recommendations that help you make informed decisions about your property.

Should remedial works or ongoing monitoring be required, our team can also provide continued support, helping you maintain compliance over the long term rather than simply delivering a one-off assessment.

Why Work With Guardian Hygiene Services? 

Managing Legionella regulations can feel daunting, particularly if you own multiple properties or are responsible for larger residential buildings. That’s why landlords, housing providers, and property managers across the UK trust us to support their compliance.

Founded in 2004, we have grown from providing Legionella services across Lincolnshire to delivering specialist water hygiene services nationwide as part of Orkin UK. Today, we’re proud to be known as The Legionella People, helping organisations and landlords understand their responsibilities while providing practical, reliable solutions tailored to their individual needs.

When you choose us, you’ll benefit from:

• Over 20 years of specialist Legionella experience
• Nationwide coverage across the UK
• Competent, experienced assessors
• Tailored reporting designed around your requirements
• Support with ACOP L8, HSG274 and other relevant guidance
• Practical recommendations that are clear and easy to follow
• Ongoing assistance with monitoring and remedial works where required
• Legionella Control Association, CHAS, SafeContractor, Constructionline and BSI

Most importantly, we’re committed to providing a friendly, flexible service. Whether you’re a first-time landlord looking for guidance or a property manager responsible for an extensive portfolio, our team will explain everything clearly and help you take the right steps to protect your tenants and remain compliant.

Protect Your Tenants and Stay Compliant With Confidence 

While the law doesn’t specifically require every landlord to commission a professional assessment, it does require landlords to assess and manage the risk of Legionella within their properties. For many, a professional assessment is the simplest and most reliable way to demonstrate that these responsibilities have been met.

We make the process straightforward. Our experienced assessors provide thorough inspections, practical advice, and tailored reporting that gives you confidence in your compliance while helping to protect the health of your tenants.

If you’d like to arrange a Legionella Risk Assessment for your rented property, or simply want expert advice on your responsibilities, contact us today. Our friendly team is ready to answer your questions, provide a competitive quotation, and help you find the right solution for your property or portfolio.