Day: 17 June 2020

For many years now, electrical safety standards in rental properties have always been a grey area and although it has always been a recommendation that a property was inspected, there was no legal requirement to do so with the exception of HMO properties.

In March this year, the Electrical Safety Standard in the Private Rented Sector (England) Regulations 2020 passed through parliament with guidance being published to the sector on 1^st June.

The guidance came as a shock to most, allowing just 1 month before the new regulation would come into force on the 1st July 2020* and would apply to all landlords offering new or extending existing tenancies after this date. This would then apply to all remaining tenancies by April 2021.

*Since this guidance was initially published, it has been further updated by the government and as of 19^th June, the enforcement date was moved from 1^st July to 1^st June! 

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require that a Landlord must have the electrical installations in their properties inspected and tested by a person who is “qualified and competent”, at least every five years.

Landlords or Agents have to then provide a copy of the electrical safety report to their tenants within 28 days, and their local authority within 7 days if requested.

With a potential penalty of up to £30,000 for non-compliance and a tight timeframe to organize electrical inspections, it will be a busy time for electricians and landlords alike.

Does This Apply To My Property?

These new regulations will apply to all new tenancies and any tenancies that are renewed from 1st July 2020 and will apply to all existing tenancies from 1st April 2021. This includes, assured shorthold tenancies (AST’s), houses in multiple occupation (HMO’s) and licenses to occupy. Exceptions to these regulations include social housing, lodgers, and student halls of residence to name a few.

Landlords Legal Obligations

Landlords have a legal obligation to make sure the electrical installations in their rented properties are safe. Under the regulations, landlords must:

• Ensure that 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 report.
• 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.

What Does The Inspection Cover? 

Electrical inspections will test the ‘fixed’ electrical parts of the property. For example, the wiring, plug sockets, light fittings, and the fuse box will be inspected. This includes all permanently connected equipment such as electric showers and extractors. The regulations do not cover electrical appliances, only the fixed electrical installations.

The inspector will check whether:

• Electrical installations susceptibility to overload
• Potential risk of electric shock and fire hazards
• Defective electrical work
• Adequate earthing or bonding – these are 2 ways of preventing electrical shocks that are built into electrical installations

Inspections must be carried out by a person who is “qualified and competent”. Landlords can ensure a person is qualified and competent by:

• Checking whether the inspector is a member of a competent person scheme.
• Requiring 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.

The Electrical Installation Report

 Traditionally an Electrical Installation Condition Report (EICR) 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. Inspectors will use the following classifications to indicate if further investigation or works are required:

• 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.
• 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, landlords must complete this work within 28 days if specified as necessary. Landlords must then provide written confirmation that the work has been carried out to their tenants within 28 days.

How Will This Be Enforced?

Local Councils have the power to demand sight of the report, which landlords should provide within 7 days of the request or they face a penalty.

They also have the power to serve a remedial notice on a landlord to compel them to comply with the regulations, if they have reasonable grounds to believe the landlord is in breach.

Landlords have 28 days from the date the notice is received to remedy the breach, and if the work is not carried out in time then the local authority has the power to carry out the required works themselves (on providing prior written notice to the landlord) and then recover their costs from the landlord.

Landlords who fail to comply with the regulations may face a civil penalty up to a maximum of £30,000, with the potential for multiple penalties to be imposed for a continuing failure

Should you have a managing agent for your property they will be in contact to discuss your specific property, however, if you manage your own tenancy and would like assistance regarding these regulations we would be more than happy to assist you.  

This article is intended as a guide only and is our interpretation of the government’s published guidance available at the time of writing. Although this article in our opinion is extensive, it is not to be considered legal advice. For more information, please refer to government guidance in full.