From 1st Jun , New Government Legislation
The Regulations came into force on 1 June 2020 and form part of the Governments wider work to improve safety in all residential premises and particularly in the private rented sector.
These new Regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority if requested.
Landlords of privately rented accommodation must:
- Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671.
- Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 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.
- Supply a copy of this report to a new tenant before they occupy the premises.
- Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report.
- Supply the local authority with a copy of this report within 7 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.
- Provide written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority when requested within 28 days of completion of the works.
The regulations came into force on 1 June 2020, they apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. The relevant date for determining when the new requirements apply is the date on which the tenancy is granted. A new tenancy is one that was granted on or after 1 June 2020.
What will happen in the inspection?
The inspection will find out if:
- any electrical installations are overloaded
- there are any potential electric shock risks and fire hazards
- there is any defective electrical work
- there is a lack of earthing or bonding – these are 2 ways of preventing electrical shocks that are built into electrical installations
- What about electrical appliances like cookers, fridges, televisions etc?
- The Regulations do not cover electrical appliances, only the fixed electrical installations.
- Landlords must obtain a report (usually an Electrical Installation Condition Report or EICR) from the person conducting the inspection and test which explains its outcomes and any investigative or remedial work required.
- Landlords must then supply a copy of this report to the tenant within 28 days of the inspection and test, to a new tenant before they occupy the premises, and to any prospective tenant within 28 days of receiving a request for the report.
- If a local authority requests it, landlords must supply them with a copy of this report within 7 days of receiving the request.
- If the report requires remedial work or further investigation, landlords must provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days of completing the work.
- Landlords must retain a copy of the report to give to t
What will the report show?
The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.
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.
- 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 codes C1 or C2 are identified in on the report, then remedial work will be required. The report will state the installation is unsatisfactory for continued use.
If an inspector identifies that further investigative work is required (FI), the landlord must also ensure this is carried out.
The C3 classification code does not indicate remedial work is required, but only that improvement is recommended. Landlords don’t have to make the improvement, but it would improve the safety of the installation if they did
7. Remedial work
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.
What if a tenant won’t let me in, or I can’t find an inspector?
A landlord is not in breach of their duty to comply with a remedial notice, if the landlord can show they have taken all reasonable steps to comply.
A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports.
If an electrical report is not given to a tenant before they move in (or within 28 days of a renewal of a report) does it prevent a Section 21 notice from be served?
No, this won’t be the case under these regulations.
When did the regulations come into force?
The regulations officially came into force on 1st April 2020.
They apply to all new tenancies in England from 1st July 2020 and will apply to all existing tenancies in England from 1st April 2021.
What does an electrical inspection and test involve?
Electrical Installation Condition Reports (EICRs), otherwise known as ‘periodic inspections’ should be carried out by a fully qualified and registered engineer. The purpose of the inspection is to:
- Find any potential fire hazards or electric shock risks
- Identify any defective electrical work
- Detect any lack or earthing or bonding
- Pinpoint any overloading of electrical circuits or equipment