Legionella risk assessment – Responsibilities for a Landlord in Scotland

It is your responsibility as a landlord to keep your tenants safe. You have a duty of care, and under the Homes (Fitness for Human Habitation) Act 2018 and the Control of Substances Hazardous to Health Regulations (2002), you are legally required to make your rented property safe and free of health hazards.

Legionella is a potential hazard in every property, but what exactly is it, and what can you do to minimise the risk to your tenants?

What exactly is Legionella?

Legionella is a bacteria which can form in water when:

1. The temperature ranges from 20 to 45 degrees Celsius, which can create a risk of legionella growth if not properly managed.
2. Certain substances are present such as muck, scale, and rust, which can increase the risk of legionella growth.

It may grow in any type of hot or cold water system, including water tanks and air conditioning electronic devices, if control measures are not implemented. If the bacteria is then inhaled through water droplets, it may cause Legionnaire’s disease, a form of pneumonia that is dangerous if not treated, posing a significant risk of legionella.

What are the legal responsibilities of a carrying out a landlord legionella risk assessment?

According to the Health and Safety Executive (“HSE”): “The practical and appropriate application of health and safety law to landlords of domestic rental properties is that when there is a responsibility to evaluate the risk from exposure to Legionella to ensure the safety of their tenants, this does not involve an in-depth, detailed assessment.”

Regular inspections are not essential if your property is occupied and the water system is used often because the probability of legionella bacteria developing is very low. If your rental has a combi boiler and electric showers, the risk is significantly reduced because no water is stored.

What happens during the Legionella Risk Assessment and check?

The temperature of the hot and cold water should be checked by placing a thermometer under a running tap:

• Cold tap: after two minutes, the thermometer should indicate a maximum of 20 degrees Celsius.
• Hot tap: after one minute, the thermometer should record a minimum of 50 degrees Celsius.

A surface temperature probe can be used on water heaters to check the outgoing water temperature and should be at least 60 degrees Celsius.

In addition to recording water temperatures, the evaluation should include:

• A summary of the hot and cold water systems
• Proof that the cold water tank is free of scale and rust and that the lid is tight.
• Does the property have any water outlets that aren’t used often, such as the guest bathrooms?
• Where all showers are located
• Proof that the property is not left vacant for long periods of time

Who is responsible for doing the evaluations and risk assessments?

If you want to, you can perform the legionella risk assessment and checks yourself, or we can do it for you.

A qualified assessment can cost anywhere between £50 and £200, depending on the size of the home, and if you choose a fully managed rental service, your agent may be able to offer you discounted prices.

Is a Legionella safety certificate provided?

There is no official certificate, but you or we should keep a written record of the assessment and temperature checks as part of your legal duty.

5 vital steps to reduce the possibility of legionella bacteria formation and control the risk of exposure:

• If the property is vacant, turn the hot and cold taps and flush the toilets once a week to control the risk of exposure to legionella.
• Remove any pipes that are no longer in use.
• Ensure that hot water remains at 60°c.
• During property inspections, make sure to check the water temperature to meet the requirements for landlords.
• Encourage your tenants to clean and disinfect their showerheads on a regular basis.

Minimise the risk of legionella! Contact us today!

If you let us manage your rental property, we can put in place arrangements for a legionella inspection to be performed on your behalf. However, if you have any questions or are currently self-managing and would like to discuss our Fully Managed service that provides everything you need for all aspects of renting your property, please contact Western Lettings Glasgow and speak with one of our expert staff.