For landlords in the private rented sector in Scotland, yes, a Legionella risk assessment (Legionella risk assessment) is a legal requirement. Under UK health and safety law, specifically the Health & Safety Executive (HSE), you have a duty of care to your tenants to ensure the residential property is safe and free from health hazards. This explicitly includes assessing and managing the risk of exposure to Legionella bacteria in the water systems on your premises.
This guide focuses specifically on your legal obligations and practical steps for managing this water safety issue across your rental properties in Scotland, ensuring your compliance is straightforward and effective for robust property management.
What is Legionella, and why is it a Landlord Concern?
Legionella bacteria is a dangerous pathogen that can cause a severe form of pneumonia called Legionnaires’ disease, as well as a milder pneumonia-like illness known as Pontiac fever. The disease is contracted by inhaling water droplets (aerosols) containing the bacteria. Sources of these droplets can include shower heads, taps, and, in commercial or larger residential systems, cooling towers or certain types of air conditioning units (though these are rare in standard domestic settings).
In a domestic hot and cold water system setting, the bacteria can thrive when water systems are not properly managed.
Factors that can increase the risk in a rental property include:
- Stagnant Water: This is a major risk, occurring in water systems that have been standing still for a while, such as during void periods or in rarely used outlets. Recirculated water in some systems also requires careful management.
- Water Storage: The presence of cold water tanks and other storage tanks (often in older properties) increases risk compared to a direct mains cold water feed. Cold water tanks must have tight-fitting lids and be kept clean.
- System Design: Poorly designed plumbing systems or the presence of redundant pipework (known as ‘dead legs’) allow stagnant water to accumulate, providing ideal breeding grounds for Legionella bacteria.
- Hot Water System Failure: If the hot water system (e.g., a hot water cylinder or hot water boiler) is not set to heat and store water at the correct hot water temperature.
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Is a Legionella Risk Assessment a Legal Requirement for Landlords in Scotland?
Absolutely. Landlords in the Scottish private rented sector are legally required to assess and control the risk of exposure to Legionella bacteria. This is a non-negotiable part of your responsibilities under UK health and safety law, specifically enforced by the Health and Safety Executive (HSE).
The legal obligation is to conduct a Legionella risk assessment to determine the level of risk in the water service systems. Simple control measures are typically sufficient for standard rental properties, but the assessment itself must be carried out.
On the HSE website, it clarifies that the law requires a competent person to perform the assessment.
Who is Competent?
For simple domestic hot and cold water systems, the landlord may be competent to perform the initial Legionella inspection themselves. However, many landlords and property management firms rely on trained water safety specialists or Legionella risk assessment specialists to ensure a compliant, thorough assessment and to manage their water hygiene risks.
What is Included in a Landlord’s Legionella Risk Assessment (LRA)?
The Legionella risk assessment is a thorough evaluation of the property’s plumbing system and water supply. A compliant assessment should include:
| Element | Focus of the Assessment |
| System Identification | Mapping the hot and cold water systems, identifying all fittings, pipework, and storage tanks. |
| Temperature Verification | Taking a temperature reading at the hot water cylinder or hot water boiler and various outlets to ensure the hot water is above 50 degrees and the cold water is below 20 degrees. |
| Physical Inspection | Checking cold water tanks for secure lids, insulation, and signs of sediment, rust, or debris. Inspecting all shower heads and taps for scale build-up. Inspecting redundant pipework. The condition of outdoor hoses and taps is also assessed. |
| Usage & Demographics | Assessing Water Usage patterns, including periods of property vacancy and identifying high-risk tenants (Age of the Building and Tenant Demographics are key to assessing vulnerability). |
| Documentation & Action | Identifying necessary control measures and recording them. This forms your crucial compliance record-keeping document. |
How Often Do You Need a Legionella Risk Assessment?
While no fixed annual schedule exists for simple domestic water systems, the assessment must be reviewed periodically to maintain compliance with HSE guidelines.
Best practice suggests a review should be carried out:
- At least every two years.
- Before the commencement of a new tenancy, especially if there has been low Water Usage or the property has been vacant for a substantial period.
- Following any significant change to the plumbing system (e.g., replacement of the hot water cylinder, removal of cold water tanks, or new system installation).
Maintaining your compliance record-keeping is crucial. Should an issue arise, this document will demonstrate that you have fulfilled your duties under UK health and safety law concerning this potentially hazardous systems risk.
How to Minimise Legionella Risk (Effective Control Measures)
Implementing straightforward control measures is key to managing water hygiene risks in your rental properties. Best practice guidelines focus on simple, proportionate steps to prevent the growth of Legionella bacteria in domestic hot and cold water systems.
The goal of the LRA is to implement effective control measures to manage water safety.
- Temperature Management: Ensure the hot water system stores water at 60 degrees and delivers it above 50 degrees. Ensure cold water remains below 20 degrees.
- System Flushing: Conduct thorough system flushing of all outlets before a tenancy begins and weekly during extended void periods to prevent stagnant water. This should be documented in your check-in reports.
- Aerosol Management: Advise tenants on the need to regularly clean and disinfect shower heads to prevent the build-up of scale and biofilm.
- System Maintenance: Remove redundant pipework and ensure cold water tanks are clean and have tight lids to protect the water supply from debris.
Effective tenant communications are vital. Tenants should be advised to report any issues immediately, such as a drop in the hot water temperature or a rarely used fixture. This facilitates timely Legionella reporting and corrective action.
How to prevent legionella: A guide to maintaining hot and cold water systems
Legionella Risk Assessment Services in Scotland
At Legionella Risk and PAT, we collaborate with a large number of agents to conduct PAT tests and LRAs of the highest calibre. If necessary, we may set up meetings with tenants and collect keys.
We can help you assess the many properties you manage around Scotland, ensuring that you always comply with all health and safety laws and protect your clients and renters from unsafe electrical and water systems. For property agencies who place large orders, we also provide discounts on our Legionella risk assessment and PAT testing services.
