Had a Legionella risk assessment completed? Good start. Job done forever? Not quite. An assessment reflects the property and its water system at a particular point in time. Change either, and the report may no longer describe the risks accurately.
For landlords, letting agents and property managers, the practical question is not simply “How old is this assessment?” It is “Has anything happened that could make it no longer valid?” Here are the review triggers worth keeping on your radar.
A Legionella assessment is a living document
The Health and Safety Executive’s guidance treats risk assessment as an ongoing responsibility. You should review an assessment if there is reason to suspect it is no longer valid, or if the control measures are no longer effective.
There is no single calendar date that makes every domestic assessment expire. A simple, regularly used home may present a low risk, while a change to its plumbing, use or occupants can alter that picture. Letting an old report sit in a folder without checking whether it still fits the property is not a reliable control measure.
A landlord Legionella risk assessment should reflect the system as it is now, not as it was when the previous tenant moved in. Keep that principle in mind whenever you review the property file.
The review-trigger checklist
1. The water system has changed
Review the assessment after alterations that affect how water is stored, heated or distributed. Examples include:
- Installing or replacing a boiler or hot-water cylinder
- Adding or replacing a storage tank or shower
- Altering pipework or adding new outlets
- Removing fixtures but leaving redundant pipework in place
- Changing how an existing system operates
A new boiler may reduce or change the way hot water is stored. A new shower can introduce a different aerosol risk. Even a seemingly minor plumbing change can affect stagnation or water turnover, so ensure the assessment still describes the actual layout.
2. The property is being used differently
A change in building use is a clear reason to reconsider the assessment. Renovation, a lengthy void period or a move from a standard tenancy to short-term letting can affect how often water is used and how long it may sit in the system.
For example, a property used for short stays may have irregular occupancy. Some taps or showers might go unused between bookings, even if the property is otherwise in good condition. Check that flushing and other controls still make sense for the way the home is occupied.
3. You receive new information about the risks
Review the assessment if you learn something that could change the risk picture. This might be a previously unknown storage tank, an outlet that is rarely used, or new information about how the plumbing is configured.
A property visit or maintenance report can bring these details to light. Record what you discover and consider whether the existing assessment and control arrangements remain suitable. A surprising detail in the service cupboard is a good reason to investigate, not a reason to hope the old report has somehow covered it.
4. The controls are not working as intended
The assessment needs attention if checks, monitoring or tenant reports suggest the control measures are ineffective. Examples include persistent hot-water temperature problems, cold water that does not remain cold, or outlets that are not being used as expected.
Take the concern seriously, investigate the cause and update the assessment or controls where needed. A documented control that is not happening in practice is not much of a control at all.
5. There is a case of legionellosis
A reported case of legionellosis potentially connected with the property’s water system requires prompt investigation. Review the assessment and controls, and seek appropriate professional advice. Do not treat this as routine paperwork or wait until the next planned property visit.
6. The residents or occupancy pattern change
A new tenancy does not automatically make an assessment invalid. It can, however, be a useful prompt to check whether the way the system is used, or the vulnerability of the people living there, has changed.
For instance, the risk considerations may differ if an older or immunocompromised resident moves in, or if a home’s occupancy becomes more intermittent. Consider the real circumstances rather than applying a blanket rule to every change of tenant.
“It has a combi boiler” does not mean “no assessment needed”
A typical domestic system can be low risk: mains-fed cold water, no storage tank, instantaneous or low-volume hot water, regular use and no significant dead legs. A combi boiler often fits part of that picture.
But low risk is not the same as no risk. You still need an assessment to confirm what system is present and whether the risks are being managed. Pipework may include little-used outlets or redundant sections; the property may also have a feature that is not obvious from the boiler alone.
That is why a landlord Legionella test is often used as a search term, but can be misleading. The duty is to assess and control risk. There is no formal test certificate that landlords must obtain as a substitute for that assessment.
When an agent manages the property, who is responsible?
A landlord retains the primary duty to ensure risks to tenants are assessed and controlled, even when a letting agent manages the property. In practice, responsibilities can be shared, but they should be agreed clearly.
Set out who arranges the assessment, who responds to changes or tenant reports, and who keeps the records. Make sure the agent knows about relevant system changes and that maintenance information reaches the person responsible for reviewing the risk. “I thought the other party had it” is not a particularly reassuring management system.
Keep records that show what you did, and when
For employers with five or more employees, the law requires a written record of significant findings. That specific record-keeping rule does not apply to every individual landlord. Even so, keeping a written record is sensible practice and can help answer questions from an agent, insurer or auditor.
Keep the assessment, the date it was completed, any review notes, identified actions and evidence that relevant controls were followed. If nothing has changed, record that you considered the review and why the assessment remains suitable. If something has changed, note what you did about it.
Good records help demonstrate that you took a considered, ongoing approach. They also make a later handover or audit far less of a filing-cabinet treasure hunt.
Practical checks to keep the assessment current
Use this checklist when reviewing a property file or arranging a visit:
- Does the report still match the current plumbing, boiler, tanks and outlets?
- Has the property been renovated, vacant for a prolonged period or used differently?
- Have checks, maintenance or tenant reports raised concerns about water temperature or use?
- Are any outlets little used, and are suitable flushing arrangements in place?
- Have the occupants or their circumstances changed in a way that affects the risk?
- Have you recorded the review, any actions and who is responsible for completing them?
As part of everyday control, keep hot water hot, cold water cold and water moving through the system. Where appropriate, encourage tenants to flush little-used outlets weekly and clean showerheads every six months. Ask them to report temperature problems or discoloured water. Keep advice practical and make responsibilities clear.
Keep the file current, not just filed
A previous assessment is valuable only while it remains relevant to the property. Review it when the system, use, information, controls or resident circumstances give you reason to do so, and keep a clear record of the decision.
Evestaff Property Inventory Clerks provides independent Legionella risk assessments with dated records to help landlords and property professionals maintain clear, current property files. Founded in 2012, Evestaff serves London and Kent with highly experienced clerks, modern technology and meticulous documentation. Evestaff is an accredited member of ECMK.
If you would rather have an independent pair of eyes on the file, our detailed inventory reports sit neatly alongside a current Legionella assessment as part of a well-run property folder. Find out more about our Legionella risk assessments and locations in London and Kent. New customers can receive 10% off their first booking. And if a fellow property professional could use a hand, take a casual look at our Refer a Friend offer.
The key takeaway is simple: don’t judge an assessment by its age alone. Check whether it still describes the property you are responsible for today.
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