02/01/2023
In times of hardship cash strapped tenants have the law on their side.
Landlords need to protect themselves more than ever.
Ensure that you have the correct paperwork and procedures in place to ensure that illegitimate claims and complaints are not brought against you.
Don’t allow the worst to happed be proactive now.
About Legionella
Legionnaires' disease is a potentially fatal form of pneumonia which is contracted by inhaling
small droplets of water containing the Legionella bacteria.
Legionella bacteria are present in low numbers in natural water systems such as rivers and
ponds, and can be present in domestic and commercial hot and cold water systems. If
conditions are favourable, the bacteria may multiply to dangerous levels in 9-10 days and it is
possible to contract Legionnaires' disease, or the less harmful Pontiac Fever as a result of
exposure to contaminated water.
Legionnaires' disease mainly affects people in 'high risk' groups including those over the age of
45, new born babies, smokers, heavy drinkers, those with heart disease and anyone who has a
weakened immune system.
The Law
The control of Legionella in rented property is a legal requirement, and duties of care are
placed on Landlords as 'self-employed persons'. House of Commons Briefing Paper 07307
(October 2015) states that landlords have a responsibility to take measures to ensure that their
properties are free from health and safety hazards, this includes taking measures to combat
Legionnaires' Disease.
The duties of care placed on Landlords are detailed in the following generic HSE guidance and
regulations:
The Health and Safety at Work etc. Act 1974
The Control of Substances Hazardous to Health Regulations 2002
The Management of Health and Safety at Work Regulations 1999
Specific guidance on the control of Legionella bacteria is contained in the following
publications:
Legionnaires' Disease: The Control of Legionella Bacteria in Water Systems- Approved
Code of Practice L8 2013 (HSE)
Legionnaires' Disease: Part 2: The Control of Legionella Bacteria in Hot and Cold Water
Systems HSG274 2014 (HSE)
BS 8580-1:2019 Water quality. Risk assessments for Legionella control. Code of practice
