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Landlord Guide · Legionella

Do landlords need a Legionella risk assessment?

It's one of the most-searched and most-misunderstood questions in lettings. The short answer is yes — landlords have a legal duty to assess and control Legionella risk — but what that means in practice is far more proportionate than the scare-marketing suggests. Here's the honest picture.

📖 8 min read 🗓 Published June 2026 ✍ Birmingham Water Solutions

Written by James Eckloff, Managing Director at BWS. Reviewed June 2026.

The short answer

Yes. Landlords have a legal duty to assess and control the risk of exposure to Legionella for their tenants. That duty comes from the Health and Safety at Work etc. Act 1974, the Control of Substances Hazardous to Health Regulations (COSHH) 2002, and is explained for Legionella by the HSE's Approved Code of Practice L8.

But — and this matters — for most ordinary domestic rented properties, meeting that duty is straightforward and inexpensive. The law requires a proportionate response, not a hospital-grade compliance regime on a two-bed flat.

What the law actually requires

The duty is to identify and assess the risk, and to put in place any necessary controls to manage it. For a typical house or flat with a normal domestic water system, the risk is generally low, and the HSE has been explicit that a simple risk assessment is usually all that's needed.

There is a common myth that landlords must hold a certificate or pay for an annual test. For most domestic lettings that is not the case — there is no legal requirement for a specific certificate, and routine water sampling is not normally necessary. What is required is that a competent assessment has been done and sensible controls are in place.

What a domestic assessment involves

For most rental properties, a Legionella risk assessment is a practical review of the water system: identifying any risk features such as stored water tanks, infrequently-used outlets, showers (which generate aerosol), and any debris or temperature issues. Most modern homes on a mains-fed combi boiler with no stored water are inherently low-risk.

The controls that follow are usually simple and largely common sense: keep hot water hot and cold water cold, flush out infrequently-used taps and showers (particularly between tenancies), keep showerheads clean and free of scale, and advise tenants to do the same. Where there's a cold-water storage tank, keep it covered and in good condition.

When a landlord needs more

The proportionate approach scales up with risk. Larger and more complex properties warrant a more formal programme: houses in multiple occupation (HMOs) with shared and more extensive water systems; purpose-built student accommodation; short-let and holiday-let portfolios where properties sit empty between guests (stagnation is a key Legionella risk); and any property with stored water, communal systems or vulnerable occupants.

In these cases a documented assessment by a competent person, a written scheme of control, and a defined flushing and monitoring regime become appropriate — much closer to the commercial model.

What it costs

For a single domestic property, a competent Legionella risk assessment typically costs in the region of £80–£150 — modest, and valid until something material changes. There's no need to repeat it annually unless the system or occupancy changes; a review every couple of years, or on change of tenancy for higher-risk lets, is sensible.

For HMO and multi-property portfolios, assessments are priced per property and bundled, bringing the per-unit cost down. The key is to pay for a genuine assessment by a competent assessor — not a £20 online template that won't stand up if a tenant ever falls ill.

Getting it right without overpaying

The goal for a landlord is a proportionate, documented, defensible position: a competent assessment, sensible controls actually in place, and a record you can produce if asked. That protects your tenants and protects you.

Avoid both extremes — ignoring the duty entirely, and being scared into an unnecessary annual testing contract on a low-risk flat. A good adviser will tell you honestly which category your property falls into, and most domestic lettings sit firmly in the simple, low-cost one.

Frequently asked

Is a Legionella test a legal requirement for landlords?
No — there is no legal requirement for routine Legionella testing or a specific certificate on most domestic rented properties. The legal requirement is to assess the risk and control it proportionately. For a normal house or flat that means a simple risk assessment and sensible controls, not laboratory sampling.
How much does a landlord Legionella risk assessment cost?
For a single domestic property, typically around £80–£150 for a competent assessment. It doesn't need repeating annually unless the system or occupancy changes. HMO and portfolio assessments are priced per property and bundled, reducing the per-unit cost.
How often does a landlord need to reassess?
There's no fixed annual requirement for low-risk domestic lets. Reassess when something material changes — a system alteration, a change of use, or for higher-risk lets, between tenancies. A review every couple of years is a sensible default.
Do HMOs and holiday lets need more than a standard house?
Yes. HMOs, student accommodation and short-let/holiday properties carry higher risk — larger or shared systems, and periods of vacancy where water stagnates. These warrant a documented assessment by a competent person, a written scheme of control, and a defined flushing and monitoring regime.
Can I do my own landlord Legionella assessment?
Legally you can if you are competent to do so, and for a simple low-risk property many landlords manage the basic controls themselves. For HMOs, portfolios or anything with stored or communal water, a competent specialist assessment is the safer and more defensible route.
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