Electrical checks for rental homes
Making homes safer
After years of speculation, in January 2019 it was announced that new legislation would be brought in to improve electrical standards in the private rental sector in England. However, with other matters taking up parliamentary time there was a considerable delay.
The Electrical Safety Standards in thePrivate Rented Sector (England) Regulations 2020 will come into force on 1 June 2020 (see The next step ). Landlords have always had a responsibility to ensure electrical installations are safe as part of their general duty of care. However, although many will have chosen to commission electrical testing and inspection of fixed wiring, until now there was no explicit legal requirement to do so in England.
Note. Similar rules have applied in Scotland since December 2016, and in Wales there’s a requirement for electrical certification for all houses of multiple occupation (HMOs). HMOs in England which are subject to licensing are also required to have a certificate.
Who is affected?
This legislation affects the entire private rental sector including staff housing even where no money changes hands. The latter includes live-in accommodation, a pub manager’s flat and subsidised staff housing. The new requirements do not apply to student halls of residence, care homes, hospices, hostels or social housing.
Landlord requirement
Landlords must ensure that:
- electrical installations are inspected and tested prior to the start of any new tenancy which begins on or after 1 July 2020.
- an inspection and test is completed on all tenanted residential accommodation before 1 April 2021
- the checks are carried out by a qualified electrician
- the inspection and test is repeated five-yearly.
A copy of the most recent electrical safety condition report, known as an EICR, along with evidence of remedial work, must be provided to new and prospective tenants on request. For existing tenants you should provide the report within 28 days of the inspection and test. It will be the local authority’s job to ensure compliance. For those in breach there could be a penalty of up to £30,000.
Tip 1. Having the inspection and testing carried out may simply not be enough. If the report shows there is a breach of duty to meet electrical safety standards, any necessary remedial works must be carried out. This is likely to prove expensive and inconvenient in properties which have older wiring, so consider how you’ll comply.
Tip 2. If your electrical installation is covered by an existing electrical safety certificate it should be sufficient to comply with these new regulations. You’ll need to book an EICR at the retest date specified on your report, or at five years, whichever is sooner.
For a link to the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, visit http://tipsandadvice-healthandsafety.co.uk/download (HSÂ 18.18.07).