Legal Responsibilities for Landlords

Understanding your legal duties for legionella risk assessment in UK rental properties.

In the UK, landlords have a legal responsibility to assess and manage the risk of Legionella bacteria in their rental properties. This duty forms part of wider health and safety obligations designed to protect tenants and occupants from preventable harm.

This page explains what landlords are required to do, which regulations apply, and how to demonstrate compliance in a practical, proportionate way.

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What Is Legionella and Why Is It a Legal Issue?

Legionella is a bacteria that can develop in water systems under certain conditions, particularly where water is stored, stagnant, or poorly temperature-controlled. Exposure can lead to Legionnaires’ disease, a potentially serious form of pneumonia.

Because landlords provide accommodation where tenants may be exposed to these risks, UK health and safety legislation requires landlords to identify, assess, and control the risk of legionella within their properties.

Which Laws Apply to Landlords?

Landlord responsibilities for legionella are not contained within a single law, but arise from a combination of regulations and guidance, including:

  • Health and Safety at Work etc. Act 1974
  • Management of Health and Safety at Work Regulations 1999
  • Control of Substances Hazardous to Health (COSHH) Regulations
  • HSE Approved Code of Practice L8 (ACOP L8)

Together, these place a duty on landlords to:

  • Assess health risks associated with water systems
  • Take reasonable steps to control identified risks
  • Keep records demonstrating that risks have been assessed and managed

Do All Landlords Have the Same Responsibilities?

The duty to assess risk applies broadly, but the level of action required depends on the property and its water systems.

Factors that affect landlord responsibility include:

  • Whether the property has stored water tanks
  • Complexity of the hot and cold water system
  • Frequency of water use
  • Occupant vulnerability
  • Property type (e.g. single let, HMO, short-term let)

Even where risk is considered low, landlords are still expected to have documented evidence showing that an assessment has been carried out.

Is a Written Legionella Risk Assessment Required?

In most cases, landlords should have a written record of their legionella risk assessment.

A written assessment:

  • Demonstrates compliance with legal duties
  • Provides evidence in the event of inspection or complaint
  • Helps landlords track control measures and review dates
  • Supports managing agents and portfolio oversight

For anything other than the simplest low-risk properties, relying on informal or undocumented checks may be insufficient.

Can Landlords Carry Out Their Own Risk Assessment?

In limited circumstances, landlords may carry out a basic assessment themselves if they are competent to do so. Competence means having sufficient knowledge and understanding of legionella risks and control measures.

However, many landlords choose to use specialist legionella risk assessment providers to ensure:

  • The assessment is thorough
  • Risks are correctly identified
  • Documentation meets expected standards
  • Liability is reduced

Using an unqualified or inexperienced assessor can result in incomplete assessments that do not provide adequate legal protection.

What Happens If a Landlord Does Not Comply?

Failure to assess and manage legionella risk can lead to:

  • Enforcement action by local authorities or the HSE
  • Improvement or prohibition notices
  • Difficulty defending claims in the event of illness
  • Reputational damage
  • Potential prosecution in serious cases

Demonstrating that a suitable assessment has been carried out is an important part of managing this risk.

How Often Should Landlords Review Their Assessment?

Legionella risk assessments should be reviewed regularly and whenever there is a change that could affect risk, such as:

  • Changes to the water system
  • Periods of vacancy
  • Change of tenants
  • Alterations to property use

There is no fixed legal timeframe, but many landlords review assessments every one to two years, depending on property type and risk level.

How Legionella Risk Assessment UK Can Help

Legionella Risk Assessment UK does not provide legal advice or carry out assessments.

We help landlords by:

  • Explaining legal responsibilities clearly
  • Providing access to qualified assessment providers
  • Supporting informed, compliant decision-making
  • Maintaining independence and transparency

Our platform is designed to help landlords understand their obligations and find suitable providers, without pressure or preferential listings.

Take the Next Step Toward Compliance

If you are unsure whether your property meets current requirements, or need to arrange a legionella risk assessment, you can use our platform to connect with qualified providers operating in your area.

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