A Landlord’s Guide to Protecting Tenants Against Legionnaire’s Disease

All landlords have legal responsibilities to ensure the health and safety of their tenants. Under these responsibilities, Legionnaire’s disease ranks as one of the most significant health concerns that must be considered when letting to tenants. Here’s why it’s vital to be aware of what Legionnaire’s disease is, why it is harmful, and how to check for and prevent it.

What is Legionnaire’s disease?

Legionnaire’s disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. Legionella is form of bacteria that colonises hot and cold water systems. Where water is stored and recirculated, where there is source of ‘food’ such as rust, scale or sludge and where water droplets are products, Legionella can multiply. At temperatures ranging from 20 to 45 degrees Celsius, the bacteria can thrive. But at 60 degrees or more, it can be killed off.

If there are no measures of control in place, Legionella has the ability to colonise a water system with the potential of putting tenants’ lives in danger from inhaling the bacteria.

The Health and Safety Executive says that any man-made hot and cold water system can present a risk of Legionella growth.

What is the landlord’s responsibility to protect against Legionnaire’s disease?

Landlords owe a duty of care to their tenants under the Health and Safety at Work etc. Act 1974. Also, under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), there is a framework of actions in place to control the risks presented from a range of hazardous substances. Such substances include biological agents, and Legionella is one of them.

Landlords of both residential and commercial premises must assess the risks to their tenants of exposure from Legionella under the L8 Approved Code of Practice (ACOP), and must ensure that any risk of exposure is adequately assessed and controlled. However, no official testing certificate is required.

It is important to add here that in the majority of residential environments, Legionella risks will be low, especially where there is a high turnover of water; where there is no water storage system; where the hot water source is an instant heater, and where the only outlets are wash hand basins and toilets. Wherever this is the case, a Legionnaire’s risk assessment will be adequate, as long as it is undertaken on a regular basis to keep up with any changes to the water system.

What Legionnaire’s disease control measures should a landlord put in place?

The key to protecting tenants against Legionnaire’s disease is to keep things simple. Flushing out a water system before a new tenant takes up residency is a straightforward measure, as is setting the hot water cylinder temperature to 60 degrees Celsius and ensuring any unused pipework is removed so that no debris can get into the water system.

Installing electric showers and combi boilers in rental properties is a good way to considerably reduce the risk of exposure to Legionella.

If your property remains untenanted for some time, it is vital that you do not allow the water to go stagnant. Student landlords with holiday void periods will need to ensure the water system is flushed through at least once a week and, for properties left empty for longer periods, it is good practice to drain them completely.

The importance of tenant communication around Legionnaire’s disease

It’s really important to keep tenants informed about your Legionnaire’s disease control measures. Make sure you inform them that the water cylinder temperature needs to be left as it is, and that if there are issues with the water heating, then they should let you know straight away rather than try to take matters into their own hands.

Do be aware of the risks of showers. Due to the way they create and disperse water droplets which can potentially be inhaled, they can be a potential hazard. As long as the shower is used regularly, the risk should be minimised, but it is essential to let tenants know the importance of regular cleaning and disinfecting of shower heads. Electric showers that heat instantly are less of a risk, so do consider switching if this is not the type you already have.

Landlord record-keeping for Legionella

There is no legal requirement to keep records of checks or control measures for Legionella. However, it is good practice to keep a note of when checks were undertaken and any actions that were taken to ensure the water system remained safe for tenants.

Renting, without the pressure

Legionnaire’s disease is just one of the many concerns a landlord has to face when renting to residential tenants.

If you would rather take a back seat with your buy to let investment and pass all the associated property management and legal responsibilities, including health and safety checks, over to a team of specialists, consider homes2let, where guaranteed rent comes as part of the deal.

Not only will we take care of everything, including tenant sourcing and referencing, ensuring legal and safety compliance, arranging inventory and check-in/check-out inspections and returning the property to rentable standard at the end of the tenancy, we’ll also pay your rent in full every month, including during void periods, courtesy of the homes2let guaranteed rent scheme.

Interested to find out more? You are welcome to get in touch with our helpful team.