Legionella is a type of bacteria found naturally in freshwater environments, like lakes and streams. However, when it finds its way into man-made water systems—such as domestic hot and cold-water systems, cooling towers, or spa pools—it can multiply and pose a significant health risk. If inhaled via small water droplets (e.g., mist from showers, taps, or air conditioning systems), Legionella can cause Legionnaires' disease, a severe type of pneumonia.
What Does the Law Say About Legionella?
Landlords and letting agents have a legal responsibility to ensure the health and safety of tenants by maintaining safe living conditions, free from health hazards such as Legionella bacteria.
Health and Safety at Work Act (HSWA), Section 3(2):
This legislation outlines the landlord's duty of care to tenants, ensuring the property and its water systems do not expose occupants to health risks.
The Control of Substances Hazardous to Health (COSHH):
COSHH provides a framework to assess risks posed by hazardous substances, including Legionella, and to take the necessary measures to control them.
Approved Code of Practice (ACOP) L8:
This document gives practical guidance on how to assess and control the risk of Legionella in water systems. It applies to landlords, property managers, and employers who are responsible for premises where water is supplied.
Responsibilities of Letting Agents
Letting agents play a critical role in ensuring Legionella compliance, as they often manage properties on behalf of landlords. Here’s a summary of their key responsibilities:
Risk Assessment:
A simple risk assessment should be carried out to evaluate the potential for Legionella bacteria to develop. In most residential properties with standard water systems, this assessment will show minimal risk, provided basic controls are in place.
Ongoing Control Measures:
To minimise risks, letting agents should ensure:
Hot water is kept hot (above 50°C).
Cold water is kept cold (below 20°C).
Water systems are regularly flushed to prevent stagnation (especially in properties left vacant for long periods).
Vacant Properties:
Properties that are left empty for extended periods require additional precautions. These include flushing water systems weekly or draining them if they will be unoccupied for a significant time.
Record-Keeping:
While landlords and agents are not legally required to keep records of risk assessments, doing so is strongly recommended for compliance purposes. Clear documentation ensures that agents and landlords can demonstrate their duty of care if a problem arises.
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Legionella compliance is an essential part of ensuring tenant safety, and letting agents are at the heart of this responsibility. While the risks in residential properties are usually low, it’s vital to carry out regular assessments, maintain control measures, and keep thorough records.
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