May 16, 2022 10:33 am

With the implementation of The Electrical safety standards in the private rental sector 2021, we are doing what we can to ensure that our landlords stay in the know when it comes to tenants electrical safety.

Are you to date with electrical regulations to keep your tenants safe?

We know that a large majority of landlords in the private rented sector work proactively when it comes to staying on top of the health and safety of tenants in your property, but are you aware of the latest updated regulations that have been put into place to keep keep your tenants safe?

As a result, these new regulations are obligated to 'specified tenancies', and impose that all landlords within the private rental sector become aware of their new duties in ensuring that all of these 'specified tenancies' are now compliant and for non-compliance, there are stringent penalties being imposed of up to £30,000. 

These regulations are to be applied to all new specified tenancies from 1st July 2020 and apply to all existing tenancies from 1st April 2021.

What does 'specified tenancies' in The Electrical Safety In Private Rentals mean?

In reference to The Electrical safety standards in the private rental sector 2021, the term 'specified tenancies' is meaning that any tenancy where the tenant is permitted to occupy the property as their own or as their main residence in return for payment of rent, this covers all tenancies including a licence to occupy.

These new regulations are now replacing the electrical safety requirements in the Management of Houses in Multiple Occupation (England) Regulations 2006 so that the same duties now apply to both HMO and non-HMO landlords alike.

However, there are some tenancies that do not have this implementation, such as social housing tenancies, holiday lets and tenancies where the landlord shares the income.

What does the regulations of 'The electrical safety standards in private rentals' mean for Landlords?

As a landlord, you have already been endearing to the standard regulatory regulations that have been in place prior to the new regulations coming into place under the Landlord and Tenant Act 1985, which required all landlords to keep electrical installations in the property in good repair and working order.

The Electrical safety standards in the private rental sector 2021 now bring into line, just like HMOs, that all specified tenancies have 5 yearly electrical safety checks. This means that in relation to these specified tenancies, all landlords must ensure that they are meeting The Electrical safety standards in the private rental sector 2021 regulations, including:

  • Every electrical installation is inspected ( electrical switches, wires, appliances, sockets, fuse boards and anything that may be able to cause an electric shock or fire) is installed and working efficiently)
  • The electrical installation inspection must be completed by a qualified person every 5 years and must be provided with a report. The electrical installation means the fixed electrical cables, wiring, plug sockets, light fittings and the consumer/fuse box, but does not include the general appliances of white goods, cookers, TV’s etc.
  • The report that is produced by the inspection of a qualified electrician is called an Electrical Installation Condition Report or (EICR). The landlord can check that this qualified person is a competent member of a scheme, although this is not compulsory, and can require the inspector to sign a checklist clarifying their ability to inspect and report.
  • The first inspection must be carried out before the start of the new tenancy and the landlord must provide a copy of this EICR report to the tenant before they occupy the property.
  • That the electrical safety standards are met during any periods where the property meets the specified tenancy and is a periodic tenancy.
  • On completion of the EICR report, should there be any indications of breach of regulations, the landlord will have 28 days to ensure that the work is completed to regulations satisfaction by a qualified person who must provide written confirmation that said works has been carried with satisfaction and provide this to both the tenants and the local housing authority.

Measures for Landlords

We know that as a landlord, the safety of your tenants is priority, which is why you will want your electrical installations to meet the applied safety regulations standards to ensure the prevention of fires and risk to your tenants and property.
Here is a list of points to consider to ensure that you are well and truly compliant:

  • Maintenance of record-keeping: Ensuring that all of your record keeping is up to date and that all communications via your tenants and arrangements for electrical safety testing are well documented and kept for proof.
  • Does your electrical safety installations need to be provided as evidence of good installation? Photographes and reports are ideal proof.
  • Ensure that you have relevant copies of any electrical safety testing that has been carried out for evidence for your tenants or any prospective tenants.
  • It is worth checking that your AST includes a relevant section that the tenant must notify the landlord of any statutory notices that may be written to the property from the local authority to supply the EICR as this usually comes with a 7 days notice to comply for the landlord.

For further details on the Electrical Safety Standards in the Private Rented Sector regulations, you can find more information on the government link here.

You can also read our blog on 'rental property furniture and fire regulations' here

Are you sure that your property meets all of the compliance regulations? Non-compliant landlords face up to £30,000 in fines.

Check that you are fully compliant today with our free comprehensice compliance guide, helping to keep landlords, tenants and properties safe.

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