Legionella risk assessment
Supporting information for Scottish Landlord Registration
Key points
Landlords in Scotland must ensure a risk assessment has been carried out to determine the level of risk if any of water in the rental property becoming contaminated with Legionella.
Most rented properties will be low risk, but it is a requirement for landlords to ensure that the risk of exposure to tenants and visitors by Legionella is properly assessed and controlled. This is a legal obligation and this requirement stems from the Control of Substances Hazardous to Health Regulations 1989 and the Health and Safety at Work Act 1974, which makes provision for the legislation to apply to landlords of domestic premises. And is enforced by the Health & Safety Executive (HSE).
Landlords should visit the HSE website for full information.
All water systems must be assessed for legionella risk, and private landlords must ensure this is carried out before the property is first let. The risk assessment should then be regularly reviewed at intervals of no more than two years. If a review of the risk assessment indicates that there has been a change to the risk factors then a new risk assessment should be carried out. Depending on the system in the property, private landlords may be able to carry this assessment out themselves, or it might be necessary to employ a competent assessor to do it.
If the assessment shows the risks are low and are being properly managed, the private landlord need take no further action but it is important that the assessment is reviewed regularly in case anything changes in the system. Repairing Standard: statutory guidance for private landlords
Further Context
Implementing simple, proportionate and appropriate control measures will ensure the risk of contamination remains low. For most domestic hot and cold-water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised i.e. keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella include:
- flushing out the system prior to letting the property
- avoiding debris getting into the system (eg ensure the cold water tanks, where fitted, have a tight fitting lid)
- setting control parameters (eg setting the temperature of the hot water cylinder (calorifier) to ensure water is stored at 60°C)
- make sure any redundant pipework identified is removed
(Source: HSE website)
The landlord is entitled to expect tenants to play their part in ensure control measures are maintained and should:
- inform tenants of any potential risk of exposure to Legionella and its consequences
- tell tenants of any action with arises from the risk assessment if appropriate to do so
- tell tenants to contact the landlord if the hot water system is not heating properly
- tell tenants to contact the landlord if the cold-water system is not running cold
Landlords should be aware that the risk of Legionella may increase if the property is unoccupied even for a short time and take appropriate action to maintain a degree of waste flow to minimise the chances of stagnation. For longer periods the landlord should consider draining the system.
For full details of legal responsibilities and control measures landlords should visit the HSE website and refer to Repairing Standard: statutory guidance for private landlords.
Maximise your Success as a Landlord
LAS run a regular programme of training courses helping landlords adopt best practice and remain updated with changes to legislation. Anyone involved in letting property in the private rented sector in Scotland is welcome to attend. You do not need to be accredited.