Search for Legionella compliance for landlords and you will find no shortage of companies offering to sell you a certificate. Here is the awkward truth. There is no such thing as a legal Legionella certificate for rented property, and the HSE has said so plainly.
That does not mean you have no duty. It means the duty is not the one most landlords think it is. Here is what actually applies, and where the real risk tends to sit.
What the Law Actually Requires
As a landlord, you have a duty under health and safety law to assess and control the risk of Legionella exposure in your properties. What you need is a risk assessment, kept under review, along with evidence that you are acting on it.
For a straightforward flat with a combi boiler and no stored water, that assessment is often short and the risk genuinely low. The picture changes completely once stored water is involved.
Where the Real Risk Sits
Legionella bacteria thrive between 20 and 45 degrees, and they need something to feed on. A cold water storage tank that is corroded, scaled or holding sediment provides both.
If you manage an HMO, a block of flats with a communal tank, or an older property with a loft cistern, your risk profile is closer to a commercial building than a standard rental. That deserves a proper written assessment by someone competent, not a five minute tick box exercise.
The Bits Landlords Miss Most Often
- Tank lids that are cracked, ill fitting or missing altogether, which lets in dust, insects and vermin
- Cold water stored above 20 degrees because a tank sits in an unventilated loft space
- Dead legs left behind after a bathroom refit or a radiator removal
- Void periods where water sits still for weeks between tenancies
- Assuming a contractor’s clean covers you, when the tank underneath is failing
That last one catches people out. A clean tank with a deteriorating lining will foul again quickly, because rust and pitting give bacteria somewhere to settle.
When Cleaning Is Not the Answer
There comes a point where a tank cannot be maintained back to a compliant condition. Once corrosion has taken hold, cleaning becomes a short term fix that you repeat every year at growing cost.
Relining seals the tank with a new hygienic surface, restores it to a condition you can actually evidence, and typically adds years to its working life. For a landlord facing a failed inspection or a quote for full replacement, it is usually the far more practical route.
Before Your Next Tenancy Starts
Flush the system through before anyone moves in, particularly after a void period. Then look at the tank itself rather than just the water in it.
If yours is showing rust, scale or a lid that no longer seals, get in touch with the Echo Square team. We will tell you honestly whether it needs relining or simply a better maintenance routine.