LEGIONELLA RISK ASSESSMENT
Landlords of residential accommodation have a legal duty to assess the risk of Legionella within a property, and to carry out appropriate remedial measures should risk be found.
The law states that if you are a landlord of a rented property, you are legally responsible for ensuring the health and safety of your tenant. The obligation is that you must keep the property safe and free from health hazards.
Specifically, Landlords have a legal obligation to have a risk assessment carried out on their property with regards to Legionella.
This responsibility is made clear in Section 3(2) of the Health and Safety at Work Act 1974 (HSWA). This legislation applies to landlords, ensuring a duty of care is shown to their tenants’ with regard to their health and safety. This legislation states that "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety." If you rent out a property, you have legal responsibilities to ensure your tenant(s) are not exposed to health and safety risks.
If a tenant were to contract Legionnaires’ disease from the water system in the home they rent, the landlord may be open to prosecution under HSWA law. The Landlord would have to demonstrate in court that they had fulfilled their legal duty as above, and this is where a risk assessment becomes crucial.
A Landlord can take precautions to prevent or control the risk of exposure to legionella. A Legionella risk assessment helps to establish potential areas of risk, so that preventative measures can be put in place to control them.
SmartLet Legionella risk assessors are fully accredited and approved by the LRA Register, and our final reports are easy to understand and explanatory.
The final report will be produced and delivered to specified parties the next working day as standard.