No April Fool’s Day here… Electrical safety standards now apply
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020. The new regulations already applied to new tenancies from 1 July 2020, but now it also applies to existing tenancies from 1 April 2021.
All Landlords must have an Electrical Installation Condition Report (EICR) for their properties, which must be completed at least every five years and must be tested by a qualified person. A copy of the EICR has to be provided to their tenant, and another sent to the Council within 7 days (should they request a copy).
Breaches of the regulations could result in financial penalties of up to £30,000.
The Landlord can appeal against the Local Authority’s decision to serve a notice, take remedial action, or issue a financial penalty.
In the first instance, Landlords have 21 days to make written representations to a Council against a remedial notice and the intention to impose a financial penalty.
The remedial notice is suspended until the Local Authority considers representations.
The Council must inform the landlord of their decision within 7 days.
Everything you need to know
While it might seem like a bit of relabelling of the old ingredients, it’s worth getting to grips with all the ins-and-outs of this new legislation so you can be clear on what applies to you, what rights you have, and some useful bits of information to keep in mind should anything arise.
Rights to appeal
Landlords have the right to appeal to the First-tier Tribunal against:
The decision to take remedial action by the local authority. An appeal must be made within 28 days from the day on which a remedial notice is served.
A demand for the recovery of costs made by the local authority following remedial action.
The decision to take urgent remedial action by the local authority. An appeal must be made within 28 days from the day on which the work started.
A financial penalty.
Who do the new EICR regulations apply to?
The new Regulations will apply to new tenancies, including:
Assured Shorthold Tenancies.
Houses in Multiple Occupation. Though the Management of Houses in Multiple Occupation (England) Regulations 2006 previously put specific duties on landlords around electrical safety, this requirement has now been repealed, and HMOs are now covered by the new Electrical Safety Regulations.
Licences to occupy.
There are of course some exceptions to the regulations, including Social Housing.
What are my obligations as a Landlord?
Legal obligations of Landlords under the Regulations stipulate that you:
Ensure that national standards for electrical safety are met, which are set out in the 18th edition of the ‘Wiring Regulations’.
Ensure that electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every five years.
Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test.
Supply a copy of this report to the existing tenant within 28 days of the inspection and test, new tenants before they move into the premises, and any prospective tenant within 28 days of receiving a request for the reports.
Supply the local authority with a copy of this report within seven days of receiving a request for a copy.
Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion.
Find a competent, qualified inspector
When you want to commission an inspection, you’ll want to be sure you’re hiring a qualified and competent inspector to carry out the work. You can:
Check if the inspector is a member of a competent person scheme; or
Require the inspector to sign a checklist certifying their competence, including their experience, whether they have adequate insurance and hold a qualification covering the current version of the Wiring Regulations and the periodic inspection, testing and certification of electrical installations.
What do EICR inspections cover?
Inspections will test the ‘fixed’ electrical parts of the property, like the wiring, the socket-outlets (plug sockets), the light fittings and the fuse box. The Regulations only cover the fixed electrical installations, so no need to be poking around toasters and untangling the Christmas lights.
The report will show whether the electrical installation is safe for continued use.
If the report doesn’t require investigative or remedial work, the Landlord won’t need to carry out any further work.
Landlords must retain a copy of the report to give to the next inspector and tester when the process is to be repeated in the next five years.
EICR inspection codes
Inspectors will use the following classification codes to indicate where a landlord must undertake remedial work:
Code 1 (C1): Danger present. Risk of injury. The electrical inspector may make any C1 hazards safe before leaving the property.
Code 2 (C2): Potentially dangerous and works must be carried out to rectify.
Further Investigation (FI): Further investigation required without delay.
Code 3 (C3): Improvement recommended. Further remedial work is not required for the report to be deemed satisfactory.
If the report shows that remedial work or further investigation is required, as set out above, landlords must complete this work within 28 days or any shorter period if specified as necessary in the report.
Landlords must then provide written confirmation that the work has been carried out to their tenant and to the Local Authority within 28 days.
Guidance has been produced by the electrical safety industry that covers how landlords can choose a qualified and competent inspector and tester. This includes, but is not limited to:
Registered Competent Person Electrical single mark and register
Further information can also be found on gov.uk
