Section 3(2) of the Health and Safety at Work Act 1974 (HSWA) does require landlords to ensure that their tenants are not exposed to health and safety risks and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provides a framework of actions to control the risk from a range of hazardous substances, including biological agents. This includes a requirement for landlords of both domestic and business premises to assess the risks of exposure to Legionella. The rules aren’t unduly difficult to implement, but if you ignore them then fines of up to £20,000 may follow. While it is not a legal requirement to produce a Legionella water sample test certificate, a landlord may be liable to prosecution under the HSWA if a tenant were to contract Legionnaires’ disease from the water system in their home. The landlord would then have to provide evidence to a court that they had fulfilled their legal responsibility under HSWA and COSHH. A written record of a Legionella risk assessment would be considered adequate evidence by a court.
All Legionella Risk Assessments are carried out by a member of The National Association of Legionella Risk Assessors who re assess us on an annual basis.