Do I Really Need a Legionella Risk Assessment for a Two-Bed Flat?



This is the question I get asked more than any other, usually by someone who has just been told about it by their letting agent and is slightly annoyed.

"It's a two-bed flat with a combi boiler. There's no tank. Do I actually need this, or is it a way of selling me something?"

Fair question. Here's the honest answer.

What the duty actually is

Landlords have a legal duty under health and safety law to assess and control the risk of Legionella bacteria in the water systems of properties they let. That duty applies to residential lets. It isn't new, it isn't optional, and it doesn't come with a size threshold.

But — and this is the part nobody explains properly — the duty is to assess and control the risk. It is not a duty to have the water tested, to hold a certificate, or to bring somebody in every year regardless.

Two things follow from that:

One. Anyone selling you an annual "Legionella test" with a laboratory sample for a standard domestic flat is selling you something you almost certainly don't need.

Two. The fact that a flat is small and low-risk doesn't remove the duty. It just means the assessment concludes the risk is low and the controls are simple. You still need to have done it, and you still need to be able to show you did.

Why the risk is usually low in a small flat — and when it isn't

Legionella bacteria multiply in water that sits still at lukewarm temperatures, roughly between 20 and 45 degrees. They become a problem when that water is then breathed in as a fine spray — a shower being the obvious one.

So the risk factors are: stored water, stagnant water, the wrong temperature range, and something that creates a spray.

A modern flat with a combi boiler has no stored water. Water comes in cold, gets heated on demand, goes out hot. There's very little for bacteria to sit in. That's genuinely low risk, and the assessment will say so.

Where it stops being low risk:

  • Stored hot water — a cylinder, especially an older one, or a cold water tank in a loft
  • Void periods — this is the big one, and I'll come back to it
  • Little-used outlets — a second bathroom nobody uses, an outside tap, a shower in a spare en-suite
  • Thermostats turned down — a cylinder set below 60°C to save money sits right in the range you don't want
  • Long pipe runs — dead legs where water sits
  • Older systems generally — scale, sediment and debris give bacteria somewhere to live

The void period is where this actually bites

If there's one paragraph in this article worth remembering, it's this one.

A flat that's been empty for six weeks between tenancies has water standing in the pipes, the cylinder if there is one, the shower hose, and the toilet cistern. It's been sitting at room temperature the whole time. Then a new tenant walks in, turns on the shower, and stands in the spray.

That is precisely the scenario the duty exists for. And it applies to the smallest, newest, tidiest flat exactly as much as it applies to a big old house.

The control is simple and it costs nothing: before a new tenant moves in, flush every outlet through. Run the hot and cold taps, run the shower — with the head removed or in a bag so it doesn't spray into the room — and flush the toilets. A few minutes per outlet. That's it.

Do it as part of the pre-tenancy routine and the single biggest risk in a domestic let is dealt with.

What an assessment actually involves

Less than people expect. For a typical flat or house:

  1. A look at the system — what heats the water, whether anything is stored, where the outlets are
  2. Temperature checks at the relevant points
  3. Identifying anything that sits still or runs lukewarm — unused outlets, dead legs, a cylinder turned down
  4. A written record of the findings and the controls that follow from them
  5. Practical instructions for the tenant, in plain English

The output is a written assessment you keep on file. Typically it needs reviewing if something changes — new boiler, new cylinder, a bathroom added, a long void, a change of use.

We cover what's involved in more detail in whether landlords need one on the main site.

What to tell your tenant

The controls only work if somebody actually does them, and for most of the tenancy that somebody is the tenant. Put these in the welcome pack:

  • If you're away more than a week, run the taps and shower for a few minutes when you get back
  • Don't turn the hot water thermostat down below its set temperature
  • Clean and descale the shower head every few months
  • Tell the landlord if the hot water isn't getting properly hot, or the cold isn't staying properly cold

Four lines. That's the tenant's side of it done.

So — do you need one?

Yes. The duty applies to your two-bed flat the same as anywhere else.

But it's a proportionate duty, and for a small modern property it's a short assessment with simple controls, not an annual ordeal. The landlords who get into trouble aren't the ones with complicated systems. They're the ones who never did the assessment at all, and can't show anyone that they thought about it.

If you want it done properly, we carry out Legionella risk assessments across Birmingham and the West Midlands, usually alongside an inventory or an EPC so it's one visit rather than three.

This article is general guidance for landlords and letting agents, not legal advice. For your specific duties, check current HSE guidance or speak to a qualified professional.

Waqas Shahban — Founder, Capital Complete Solutions
AIIC-accredited property inventory and inspection services across Birmingham, the West Midlands, Warwickshire, Staffordshire and Worcestershire.

Capital Complete Solutions
113 Victoria Road, Stechford, Birmingham, B33 8AN
Tel: 0121 582 4070 · Email: info@capital-cs.com
Web: https://www.capital-cs.com

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