Electrical Safety
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
To improve the safety standards of all private rented properties, the government has created electrical safety standard legislation to protect tenants and to ensure landlords maintain the electrics in their rented properties in a safe condition. The Regulations aim to reduce the risk of electrical shocks and fires caused by faulty electrics and to promote good landlords.
From the 1st June 2020, all landlords must ensure new or renewed fixed term tenancies issued on or after the 1st July 2020 have a valid electrical inspection condition report (EICR) for the fixed electrics in the rented property.
Tenants moving into private rented properties or with new tenancy agreements should be provided with a copy of the EICR report in advance. Prospective tenant can request a copy of the EICR report and landlords must provide the report within 28 days. From 1st April 2021 all private rented properties with fixed or periodic tenancies must have a EICR report. Tenants should be provided with a copy of inspection within 28 days and landlords must supply on request a copy to local authorities.
A new electrical inspection condition report will be required every five years unless the report states a different (shorter) interval. Equipment that forms part of the inspection and testing are those that are permanently connected, for example, light fittings, night storage heaters, showers, extractors etc. Any remedial works or further investigations, if any, that are required will be outlined within the report. Any C1 or C2 remedial works identified will mean that the report will have an unsatisfactory outcome and works will be required.
The maximum amount of time allowed for remedial works is 28 days, and the qualified person must then confirm in writing that the electrical standard is now met or that further investigation is required. 28 days is provided from the completion of the works for the tenant to be given a copy of the confirmation that the remedial works have been carried out. A copy of this confirmation must also be provided to the local housing authority.
The local housing authority can take action against any landlord failing to comply with the regulations e.g. a failure by the landlord to provide a copy of the report or to carry out required works. When a breach is identified the local authority are able to levy civil penalties. The maximum level of penalty is £30,000 per breach with multiple penalties being imposed.
Additionally, where remedial works are required and the landlord has not arranged for the works to be carried out, a remedial notice will be issued by the local housing authority. If the landlord fails to comply with the notice then the local housing authority can carry out any remedial action required and recover costs from the landlord.