If you rent in Scotland and are worried about water quality, this guide explains what legionella is, when landlords must manage water safety, and how tenants can raise concerns. It sets out tenant-focused steps for reporting problems, requesting repairs or inspections, and keeping records so housing standards are enforced. You will find clear explanations of the Private Housing (Tenancies) (Scotland) Act 2016 duties, official forms you may need, and which tribunal hears disputes. The guide also describes practical evidence to collect, typical timescales for landlord action, and how to escalate unresolved problems to local authorities or the First-tier Tribunal. Use this information to protect your health and housing rights.
What landlords must do
Landlords must take reasonable steps to control the risk from legionella in water systems and keep tenants informed. Practical landlord duties commonly include:
- Carry out and keep a written risk assessment of hot and cold water systems and record any findings and actions.
- Carry out repairs and maintenance to plumbing, tanks and heating so water does not stagnate or become contaminated.
- Keep clear documentary records of checks, maintenance and any cleaning or treatment carried out on water systems.
- Provide tenants with information about any temporary restrictions, planned checks, or instructions affecting use of hot water or showers.
Legislation and official guidance
The Private Housing (Tenancies) (Scotland) Act 2016 sets the framework for private tenancy duties and local enforcement; specific water-safety advice and public-health information is issued by Scottish public-health bodies and regulators. [1] Public Health Scotland provides practical guidance on Legionnaires' disease and preventing waterborne infection. [2]
How to report problems and official forms
Start by telling your landlord in writing, keeping copies of messages and dates. If the landlord does not act, report the concern to your local environmental health team and consider applying to the housing tribunal to enforce repairs.
- Application for a Repairing Standard Enforcement Order (First-tier Tribunal) — use the tribunal application if serious safety or repair problems, including water safety, are not fixed after you have asked the landlord to act; the tribunal site explains the application process and required documents.[3]
- Report to your local authority environmental health — contact your council's housing or environmental health service to log a health risk from water systems; they can inspect and issue notices if needed.
- Collect evidence — keep dated photos, copies of messages and a written log of symptoms or incidents to support any complaint or tribunal application.
Practical tenant actions
When you report water-safety concerns, be clear about dates, what you have seen (e.g., discoloured water, no hot water, strong smells), and any health effects. Ask for a written response and a reasonable timescale for repair.
What inspectors or contractors may do
- Inspect the hot-water system, immersion heaters, tanks and showers for faults and stagnation points.
- Take samples or recommend flushing, cleaning or replacing tanks and fittings where required.
FAQ
- What is legionella and how can it affect me?
- Legionella is bacteria that can cause Legionnaires' disease, a serious lung infection spread in contaminated water systems; it is particularly dangerous for older people and those with weakened immune systems.
- What can I ask my landlord to do?
- You can ask for a written risk assessment, prompt repairs to plumbing or heating, and confirmation of any cleaning, flushing or tank work carried out to reduce risk.
- Who enforces water safety and how can I apply?
- Local environmental health teams handle immediate health risks and the First-tier Tribunal for Scotland (Housing and Property Chamber) can enforce repairing standards or issue orders if landlords do not resolve issues.[3]
How-To
- Write to your landlord describing the water-safety concern, ask for a response within a reasonable number of days, and keep a copy of the message.
- Collect dated evidence: photos of discoloured water or faults, copies of messages, and a short diary of any symptoms or service failures.
- Contact your local council environmental health team to report a health risk if the landlord does not act promptly.
- Apply to the First-tier Tribunal (Housing and Property Chamber) for a Repairing Standard Enforcement Order if necessary, using the tribunal application forms and attaching your evidence.[3]
- Follow official public-health advice on avoiding exposure (for example, avoid aerosol-generating tasks) until professionals have cleared the system.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016
- Public Health Scotland – Legionnaires' disease guidance
