The Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health (COSHH) Regulations place a legal duty on landlords to assess and control the risk of Legionella bacteria in their properties. HSE guidance document L8 and HSG274 Part 2 specifically address domestic hot and cold water systems. In Wales, the Renting Homes (Wales) Act 2016 reinforces the requirement for properties to be safe and fit for human habitation throughout the tenancy — which includes water safety.

 What is Legionella?

Legionella pneumophila is a bacterium that can cause Legionnaires' disease — a severe and potentially fatal form of pneumonia. It thrives in water systems between 20°C and 45°C and is spread through inhalation of contaminated water droplets from showers, taps and other water outlets.

 The Landlord's Legal Duty

The HSE is explicit — landlords are duty holders under the Health and Safety at Work Act 1974 and must carry out a suitable and sufficient risk assessment of their water systems. Failure to do so can result in prosecution, unlimited fines and civil liability if a tenant contracts Legionnaires' disease.

 High Risk Situations

Risk is higher where water is stored at temperatures that allow bacterial growth, where water sits stagnant in infrequently used outlets, in properties with complex or older pipe systems, and in HMOs with shared hot water supplies and multiple shower points.

 Rent Smart Wales Compliance

Rent Smart Wales requires landlords to comply with all health and safety legislation including water safety. A documented Legionella risk assessment is evidence of compliance and demonstrates your legal duty has been fulfilled. Many letting agents now require a current assessment before instructing tenants.