Water safety record keeping for rented homes

Why it matters

Failing to maintain adequate water safety records can have severe consequences for landlords, including prosecution, significant fines, and potential imprisonment if a Legionella outbreak is linked to their property. Beyond legal repercussions, poor record keeping leaves landlords vulnerable in liability claims and undermines tenant safety. It also hinders effective property management, making it difficult to demonstrate due diligence to insurers or future buyers.

Legal requirements

• Landlords must identify and assess sources of risk for Legionella bacteria in water systems within their rented properties.
• A written record of the Legionella risk assessment must be kept for all properties, even if the assessment concludes there is no significant risk.
• Records must include details of the competent person who conducted the risk assessment.
• Any control measures implemented to manage Legionella risk must be documented, including their dates of installation or action.
• Monitoring results, such as temperature checks or flushing schedules, must be recorded periodically.
• Records of any cleaning, disinfection, or remedial work carried out on the water system must be retained.
• Information provided to tenants about water safety and Legionella prevention should be documented.
• The Legionella risk assessment must be reviewed regularly and whenever there is a significant change to the water system or occupancy.
• Records must be kept for a minimum of five years, covering at least the duration of the current tenancy plus two years.
• In HMOs, additional specific considerations regarding water system complexity and tenant numbers often apply, requiring more detailed record keeping.

Common mistakes

• Assuming a low-risk property means no record keeping is necessary for Legionella.
• Failing to conduct a formal, written Legionella risk assessment at all.
• Not appointing a competent person to carry out or review the risk assessment.
• Inconsistently or poorly documenting monitoring activities, such as infrequent flushing.
• Losing or misplacing essential water safety records, making them unavailable for inspection.
• Not reviewing risk assessments when tenants change or water systems are modified.
• Confusing the landlord's responsibility with that of the water utility company.
• Failing to communicate water safety information, such as flushing advice, to tenants.

Practical guidance

• Commission a competent person to conduct a thorough Legionella risk assessment for each rented property before the first tenancy starts.
• Ensure the risk assessment clearly outlines any identified risks and recommended control measures, such as temperature regimes or flushing frequencies.
• Create a dedicated folder, physical or digital, for each property to store all water safety documentation.
• Implement recommended control measures immediately and document their completion, including dates and who performed the work.
• Establish a clear schedule for periodic checks, such as flushing unused outlets, and record each instance.
• Review the Legionella risk assessment at least every two years or sooner if there are significant changes, documenting each review.
• Provide tenants with clear, concise information on basic Legionella prevention, such as flushing unused taps, and keep a record of when this information was shared.
• Retain all Legionella risk assessments, monitoring records, and maintenance logs for at least five years.
• For HMOs, consider a more detailed risk assessment and robust management plan due to the increased occupancy and system usage.
• Ensure records are easily accessible for inspection by authorities if required.

The Landlord's Duty for Water Safety

Under general health and safety law, specifically the Health and Safety at Work etc. Act 1974, landlords have a duty to ensure the health and safety of their tenants. This includes managing the risks associated with Legionella bacteria in water systems. While often associated with large commercial buildings, Legionella can also proliferate in smaller domestic settings if water systems are not properly managed. The Approved Code of Practice L8, 'Legionnaires' disease: The control of Legionella bacteria in water systems,' provides practical guidance for compliance. Although L8 is aimed at businesses, the principles apply directly to landlords as duty holders. The responsibility is proactive, requiring identification, assessment, and control of risks. It is not sufficient to simply react if a problem arises; preventive measures and robust record keeping are essential to demonstrate due diligence. Failure to comply can lead to serious legal consequences.

What Records Must Be Kept?

The core record keeping requirement revolves around the Legionella risk assessment. This document must detail any identified risks, the control measures in place, and a management plan. Even if a property is deemed low risk, a written record of this assessment is still mandatory. Beyond the initial assessment, landlords must maintain records of all monitoring activities, including temperature checks of hot water systems, flushing of infrequently used outlets, and any disinfection procedures. Any maintenance, repairs, or modifications to the water system that could impact Legionella risk must also be documented, along with the dates and the individuals or companies who performed the work. Crucially, records should also include information given to tenants, such as advice on running taps after prolonged absence, to show that reasonable steps were taken to mitigate risks. These records serve as evidence of compliance and due diligence.

Competent Persons and Risk Assessments

Landlords are required to ensure that the Legionella risk assessment is carried out by a 'competent person'. This does not necessarily mean an external specialist for all properties, especially simple domestic ones, but the landlord must possess sufficient knowledge, experience, and training to understand the risks and how to manage them. For more complex properties, or if the landlord lacks the necessary expertise, engaging a qualified professional is advisable and often necessary. The risk assessment itself is not a one-off task; it must be reviewed periodically, typically every two years, or whenever there is a significant change in the property, such as a new water system installation, extensive plumbing work, or a change in tenant use. Each review and subsequent action taken must be formally recorded. The competent person should be identified in the records.

Record Retention Period and Accessibility

While there is no single statutory retention period specified for Legionella records that applies universally across all UK housing legislation, the Health and Safety Executive (HSE) generally advises keeping records for at least five years. For landlords, a practical approach is to retain all relevant water safety records for the duration of the current tenancy plus at least two years after it ends. This ensures continuity and provides a robust audit trail. Records should be kept in a format that is readily accessible and easily retrievable, whether physical or digital. This is particularly important in the event of an inspection by local authorities or the HSE, or if a tenant raises a concern. Good organisation of these documents, perhaps alongside other compliance records like those for gas safety discussed on our 'Gas safety records: what to keep and for how long' page, streamlines property management and demonstrates professionalism.

Devolved Nations: Specific Considerations

While the fundamental principles of Legionella control derive from UK-wide health and safety legislation, there can be subtle differences or specific guidance issued by devolved administrations. In Scotland, guidance for landlords on Legionella is issued by the Scottish Government, reinforcing the need for risk assessments and control measures. Wales generally aligns with HSE guidance, but landlords should always check current Welsh Government advice. Northern Ireland also follows similar principles, with specific guidance available from the Health and Safety Executive for Northern Ireland (HSENI). Landlords operating across different parts of the UK should therefore consult the relevant national guidance alongside the overarching HSE Approved Code of Practice L8. However, the core requirement for a written Legionella risk assessment and documented control measures remains consistent across all four nations for landlords of domestic rented properties. These national bodies often provide tailored resources.