The legionella neglect that put a landlord under HSE spotlight

The rental had an ageing hot water system, but the landlord never considered legionella risk. When a tenant complained of recurring health issues, the council investigated and referred the case to the Health and Safety Executive (HSE). The landlord had no written risk assessment and no evidence of controls such as flushing or temperature checks. Although no outbreak was confirmed, the failure to demonstrate compliance exposed the landlord to potential enforcement and reputational damage.

Landlords in the UK have a duty under the Health and Safety at Work etc. Act 1974 and associated regulations to assess and control the risk of legionella bacteria in water systems. This doesn’t usually mean expensive testing, but it does require a simple documented risk assessment and sensible precautions — for example, ensuring water is stored at safe temperatures, flushing little-used outlets, and keeping tanks clean. The landlord in this case mistakenly believed that only large buildings or HMOs needed checks, but the duty applies to all rental properties.

The lesson is straightforward: legionella is rare but the legal duty is clear. A short written assessment, reviewed periodically, shows compliance and protects landlords if complaints arise. Ignoring the requirement risks enforcement, penalties, and avoidable disputes with tenants.

What do you think?

Do you carry out your own legionella risk assessments, or do you bring in professionals? Have tenants ever queried water safety in your rentals?

Source: HSE guidance on landlords and legionella

Previous articles in this series

Landlord Lessons: The AST date mistake

Landlord Lessons: The missing inventory

Landlord Lessons: The verbal agreement trap

Landlord Lessons: The gas safety lapse

Landlord Lessons: The unprotected deposit

Landlord Lessons: The unlicensed HMO

Landlord Lessons: The electrical safety lapse

Landlord Lessons: The Right to Rent slip

Landlord Lessons: The ignored repair

Landlord Lessons: The insurance blindspot

Landlord Lessons: The rent-to-rent risk

Landlord Lessons: The Section 21 error

Landlord Lessons: The Section 8 misstep

Landlord Lessons: The selective licensing oversight

Landlord Lessons: The EPC blindspot

Landlord Lessons: The rent increase mistake

Landlord Lessons: The service charge shock

Landlord Lessons: The tax record slip

Landlord Lessons: The guarantor gap

Landlord Lessons: The referencing shortcut

Landlord Lessons: The pet clause oversight

Landlord Lessons: The fire safety lapse

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