Landlords : Are you ready for the new electrical safety legislation?
The Regulations require landlords to ensure that every fixed electrical installation is inspected and tested at least every five years by a qualified person from 01 July 2020 for all new private tenancies and 01 April 2021 for current tenancies.
With the legislation only announced in February 2020 to take effect from 01 July 2020, there was some speculation that the Government may delay the introduction of mandatory electrical safety testing in tenanted properties due to difficulties with property access and maintaining safe social distancing. However, it has been confirmed the legislation enforcement is continuing as planned so all landlords will need to ensure their property is compliant with the new legislation. A summary of the legislation is below:
Immediate action required:
From 1 July 2020, all new private tenancies will need to ensure that electrical installations are inspected before the tenancy begins. Landlords must:
• Give a copy of the most recent report to a new tenant before the tenant occupies the property
• Give a copy of the most recent report to any prospective new tenant who requests the report in writing, within 28 days of receiving such a request.
Current tenancies:
If your property is currently tenanted and the tenants vacate between now and April 2021 you will need to have an inspection carried out before any new tenancy commences. If the same tenants remain in situ between now and April 2021, you will need to ensure an inspection is conducted and any remedial work is completed before 01 April 2021 OR any renewal of tenancy (which is a new tenanct), whichever is sooner. The landlord must:
- Ensure they receive a written report from the person conducting the inspection, which includes the results and the required date for the next inspection
- Supply a copy of this report to each existing tenant living in the property within 28 days of the inspection
- Supply a copy within seven days to the local authority, if they request a copy
- Keep a copy of the report until the next inspection and give a copy to the person undertaking the next inspection.
Ongoing action:
Installations are to be inspected and tested at least every five years – and more often if the most recent safety report requires it.
How should faults identified at an inspection be remedied?
If the report identifies a fault or potential fault, the landlord must:
- Ensure further investigations or repairs are completed by a qualified person within 28 days of the inspection, or within the timeframe set in the report if this is shorter.
- Following these further investigations or repairs, the landlord must ensure they receive written confirmation that these have been carried out and that either the electrical safety standards are met, or further work is required.
- This confirmation must be supplied to each existing tenant within 28 days of the work being undertaken, along with the original report identifying further work is required.
- This process must be repeated until the electrical installation is found to be compliant
If I have recently had a new installation do I need to get an EICR too?
If you have recently had a new installation, the installation certificate is sufficient to meet the regulations for 5 years from the date it was issued. Therefore the landlord will need to arrange a new inspection before the 5 year anniversary of the issue of the installation certificate.
Who does the regulation apply to?
The regulations will apply to all properties across the private rented sector, including houses in multiple occupation (HMOs), although non-housing act tenancies, lodger arrangements and where the tenant shares accommodation or amenities with the landlord or their family are excluded. These regulations will replace the existing requirements for HMOs regarding electrical installation testing and inspection.
What can be expected from a test and who can do it?
A ‘qualified person’ for the purposes of these regulations is a person competent to undertake the inspection and testing required and any further investigative or remedial work in accordance with the electrical safety standards.
•Ensuring enough sockets for electrical appliances (minimises trailing leads & multiway socket adapters)
•Ensuring covers are in place and there are no broken or damaged switches or sockets
•A residual current device (RCD) is installed to provide additional protection against electric shock
•Satisfactory earthing arrangements are in place to ensure that a fuse or circuit breaker can quickly clear an electrical fault before it causes an electric shock or fire
•Satisfactory protective bonding arrangements are in place where required so any electrical shock risk is minimised until a fault is cleared
•Enough circuits are provided to avoid danger and minimise inconvenience in the event of a fault
•Cables are correctly selected and installed in relation to the fuse or circuit-breaker protecting the circuit
What are the penalties for non-compliance?
Local authorities can impose a financial penalty of up to £30,000 for a breach of the regulations. Where there are multiple breaches, the local authority can impose multiple penalties.
If works are required following an inspection:
• Where urgent works are not required, the local authority must serve a ‘remedial notice’ on the landlord if they have reasonable grounds.
• The landlord will have 28 days from the date of service of the notice to take the action outlined.
• If the landlord does not undertake the remedial works, the local authority can access the property with the tenants’ permission to remedy the issue, and recover costs from the landlord
• Where urgent remedial works are required and the landlord has not undertaken these, the local authority can arrange for the works to be undertaken. The local authority must inform the landlord.
We have been in discussions with our landlords across our managed portfolio since the legislation was first announced to ensure all properties are compliant. Please contact us if you would like to discuss letting your property and the new legislation in more detail.
