Legionella risk assessments for landlords

Yes: every landlord needs a legionella risk assessment for each let property, because health and safety law requires you to assess and control the risk from the water system. HSE says it does not have to be an in-depth assessment, and a simple one done by the landlord is usually enough. You don't need a legionella certificate, and the law sets no fixed date to repeat it.

It's one of the lighter items on our landlord compliance checklist, but it still matters if a tenant falls ill.

What the law requires

The duty comes from section 3(2) of the Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). HSE's guidance for landlords draws on its Approved Code of Practice L8 and technical guidance HSG274.

In plain terms you must:

1. assess the risk of legionella from the hot and cold water system in the property; and
2. control that risk.

HSE describes the assessment as something that "does not require an in-depth, detailed assessment". In most rented homes, you can do it yourself.

How to do a simple legionella risk assessment

HSE gives landlords a short list of typical controls. Use them as the core of your assessment, and record what you find for each property.

Check	What good looks like	If not, what to do
Has the system been flushed before the let?	Taps and showers run through before the tenant moves in	Flush the system before each new tenancy starts
Is there a cold-water tank, and is its lid tight-fitting?	No tank, or a tank with a tight-fitting lid	Fit or replace the lid
Is hot water stored at 60°C?	The hot water cylinder is set to store water at 60°C	Adjust the settings
Is there any redundant pipework?	None, or it has been removed	Have redundant pipework removed
Has anything changed since the last assessment?	No changes to the system or occupancy	Review the assessment

Write down the date, the property, what you checked and anything you changed. That record is your evidence that you met the duty. A one-page note is enough for most homes:

LEGIONELLA RISK ASSESSMENT RECORD

Property: ____________________________________________
Assessed by: ______________________   Date: ___ / ___ / ______
Reason: new tenancy / change to water system / periodic review

Water system: combi boiler / hot water cylinder / cold-water tank
System flushed before the let:            yes / no   Date: ________
Cold-water tank lid tight-fitting:        yes / no / no tank
Hot water stored at 60°C:                 yes / no / no storage
Redundant pipework found:                 yes / no   Removed: ________
Anything changed since last assessment:   ____________________________

Actions taken: _______________________________________
Next review (good practice, not a legal deadline): ________

Keep the record with the property's other safety documents, such as the gas safety record and EICR.

Watch out: Flushing the system before a let is one of HSE's listed controls. Build it into your check-in routine, alongside the smoke and carbon monoxide alarm test.

How often should you review it?

There is no fixed legal interval. HSE says the law doesn't require an annual or two-yearly review; instead, review the assessment periodically and whenever anything changes.

Sensible points to review it, as good practice rather than a legal deadline:

• at each change of tenant;
• after any work on the water system, such as a new boiler or cylinder;
• if the property has been empty for a while.

Certificates, testing and records

Three common myths, and what HSE actually says:

• "You need a legionella certificate." No. Health and safety law does not require landlords to obtain or produce a legionella test certificate.
• "You must test the water." Routine sampling is not usually required for domestic hot and cold water systems.
• "You must keep a formal written record." Recording findings is a strict legal duty only for employers with 5 or more employees. For most landlords it isn't strictly required, but keeping a record is advisable.

You don't have to give tenants a copy of the assessment.

Penalties, and does it affect eviction?

HSE and councils don't proactively inspect rented homes for legionella. But if a tenant contracts Legionnaires' disease, you can be prosecuted under the Health and Safety at Work etc. Act 1974. The penalty scale is the same as for gas safety breaches: in the Crown Court, up to 2 years' imprisonment and/or an unlimited fine.

Legionella has no effect on possession. Nothing in the Housing Act 1988 section 7 makes it a condition of a possession order on a Section 8 notice.

Damp and mould are covered by other changes on the way. See our guides to the planned Decent Homes Standard and Awaab's Law, which is not yet in force for private rentals.

Legionella risk assessment cost

As an estimate:

• Doing it yourself: £0.
• A professional assessment: about £50 to £150, based on a single commercial price survey updated in September 2026.

HSE says a simple assessment, often done by the landlord, is usually enough for a rented home. If you're unsure about your system, a professional assessment is an option.

What to do next

Add an optional legionella review reminder, for example at each change of tenant, to ValidNotice's free compliance reminders. Treat it as good practice, not a legal deadline. Then make sure your gas safety certificate is in date.