Residential Lettings - Electrical Safety Standards

AN UPDATE FOR LANDLORDS – RESIDENTIAL LETTINGS

ELECTRICAL SAFETY STANDARDS – SUMMARY FACTSHEET

CONTEXT

The Housing and Planning Act 2016 allowed Ministers to introduce

electrical safety standards for tenancies in the private rented sector.

THE CHANGES

The Electrical safety Standards in the Private Rented Sector (England)

Regulations 2020 were passed by Parliament on 18 March 2020.

ELIGIBILITY

The Regulations apply in England to all new tenancies from 1 July 2020

and all existing tenancies from 1 April 2021.

(properties let on statutory periodic tenancies where the

Fixed Term expires between 1 July 2020 and 1 April 2021 will require an

inspection and test at this point under the Regulations.)

EXCLUDED TENANCIES

The rules do not apply to social housing, shared accommodation with

a landlord or landlord’s family, long leases, student halls of residence,

hostels and refuges, care homes, hospitals and hospices as well as other

accommodation relating to healthcare provision.

NB: Sharing accommodation with a landlord means if the occupier uses

amenities (toilet, personal washing facilities, a kitchen or living room). A

member of the landlord’s family is defined as a married or civil partner

and an immediate family relative.

WHAT DOES THIS MEAN?

Private landlords must ensure:

• Electrical safety standards are met when the property is occupied

during a tenancy.

• Every fixed electrical installation at the property is inspected and

tested at least every five years by a qualified person.

• The first inspection and testing is carried out before new

tenancies commence on or after 1 July 2020 and by 1 April 2021

for existing tenancies.

NB: Where the most recent report requires an inspection and testing to

be at intervals of less than five years, it must be at intervals specified in

that report.

Electrical safety standards: the inspection and test of the installation

is carried out in accordance with the eighteenth edition of the wiring

regulations BS 7671:2018 (the national standard to which all domestic

wiring must conform).

Electrical installation: fixed electrical cables or fixed electrical

equipment located on the consumer’s side of the electricity supply

meter as set out in the Building Regulations 2010.

Qualified person: someone who is competent to undertake the

inspection and testing as well as any further investigative or remedial

work in accordance with the electrical safety standards.

WHAT YOU NEED TO DO

Following the inspection and testing a landlord must:

1. Obtain a report that includes the results of the inspection and test

and the date of the next inspection and test.

2. Supply a copy of that report to each existing tenant at the property

with 28 calendar days of the inspection and test.

3. Supply a copy of the most recent report to any new tenant before

the tenant moves in and to any prospective tenant within 28 days of

receiving a request in writing for the report.

4. Retain a copy of the report until the next inspection and test is

due as well as supply a copy to the person carrying out the next

inspection and test.

NB: When requested the report must be provided to the local authority

within seven calendar days.

Electrical Installation Safety Report

Typically, an Electrical Installation Condition Report (EICR) is used to

conduct an electrical installation safety report.

FURTHER WORK IS REQUIRED

Where a report requires the landlord to undertake further investigative or

remedial work, the landlord must ensure that the work is carried out by

a qualified person within 28 calendar days or the period specified in the

report if less than 28 days, starting with the date of the inspection

and testing.

1. Obtain: landlords must obtain written confirmation from a qualified

person that further work has been carried out and that the

electrical safety standards have been met.

2. Supply: written confirmation together with a copy of the report

which required the further investigative or remedial work to each

existing tenant and the local housing authority within 28 days of

completion of the work.

NB: This process must be repeated every time further investigative and

remedial work is carried out.

REMEDIAL NOTICE

Where a local housing authority believe that a private landlord is in breach

of the rules and the most recent report does not indicate that urgent

remedial action is required, the authority must serve a Remedial Notice

on the landlord.

A Remedial Notice must:

• specify the premises to which the notice relates

• specify that the local authority believes that the landlord has failed

to comply with

• specify the remedial action that should be taken

• require the landlord to take action within 28 days (beginning on the

day the notice is served)

• explain that the landlord can make written representation against

the Notice with 21 days

• explain the financial penalties that a landlord could be liable for

NB: Where the landlord has been prevented from entering the property

by the tenant or tenants, the landlord will not be deemed to have failed

to comply with the Regulations.

This summary information is kindly reproduced from Arla Propertymark Guidance Notes.