Most residential landlords are unaware that they have a duty to carry out regular risk assessments for legionnaires’ disease.

The updated HSE Approved Code of Practice, “Legionnaires’ disease: the control of legionella bacteria in water systems” (ACOP L8), provides a set of guidelines and legal requirements which help minimise the risks associated with legionella within all water systems. It underlines legal requirements for landlords and managing agents to ensure that the risk from exposure to legionella from all water systems in residential rental premises are controlled.

Legionnaires’ disease is a potentially fatal form of pneumonia that can be contracted by inhaling small droplets of water which are suspended in the air and contain the bacteria. Although the disease is relatively rare, everyone is susceptible to the infection and there was a reported 286 cases in 2013.

The idea behind the requirements is to make landlords responsible for ensuring that conditions which allow the bacteria to proliferate rapidly are avoided and therefore reduce the risk of contracting legionnaires’ disease. It is now the duty of the landlord to ensure the right precautions are taken to reduce the risk of a tenant’s exposure to the bacteria. This means that the landlord must have an understanding and manage the risk assessment themselves, or they can employ somebody else who is competent to carry out the assessment. Where a landlord has instructed an agent, it is prudent to have an agreement in place setting out clearly whose responsibility it is to ensure the assessments are carried out.

The assessment must be completed every 2 years and costs approximately £120 if completed by a qualified engineer. The HSE guidance insists that landlords and agents must keep records for at least five years and that they must give details on all aspects of risk assessment control. Risk assessments must identify and assess potential sources of exposure, and take steps take to prevent or control any risk that is identified.

There are a number of simple preventative measures which landlords and agents can do such as flushing out the system before letting the property, setting temperature control parameters and keeping water cisterns covered and free of debris. However, tenants should also be advised about the requirements and can also help minimise the risks by simply cleaning and disinfecting the shower head at least once every 6 months, and running showers which are only used occasionally for 2 minutes once a week.

Where a risk is identified, and steps have been taken to deal with it, the risk assessment should be reviewed regularly. Anyone with concerns can contact their local HSE office of environmental health department. Further information can be found at http://www.hse.gov.uk/legionnaires/.