Is it a legal requirement for landlords to have an electrical installation inspection carried out?
As we mentioned previously, an electrical inspection is not required by law for the homeowners who live on the property. If the property is rented out to a tenant, the situation changes drastically.
In January 2020, the government brought new regulations to life, titled The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
In a nutshell, it states that all private landlords in England are required to:
- Making sure all their rented occupied properties are meeting the electrical safety standards
- Make sure to order an inspection carried out by a qualified electrician every 5 years.
Is it a legal requirement for landlords to have an electrical certificate?
Once the inspection has been done, landlords must:
- Get the EICR — a dated report with the result of the inspection and tests - prepared by the electrician who carried out the inspection
- Hand a copy of the report to the existing tenant within 28 days of the inspection
- Supply a copy of the report to the local housing authority within 7 days
- Keep the copy in a safe place and present it to the person performing the next inspection
- Present a copy of the test to previous and any future tenants if they ask for it
What types of rented properties does the law apply to?
The regulations apply in all cases where a private tenant has a right to occupy a property as their only or main residence and pays rent. This includes assured shorthold tenancies and licences to occupy.
That includes also houses in multiple occupations (HMO) if it’s tenant's only or main residence, and they pay rent.
The exemption list is relatively short and includes:
- social housing
- lodgers
- student halls of residence
- hostels and refuges
- care homes
- hospitals and hospices
- and other accommodation relating to healthcare provisions
These premises are not required by the law to perform an electrical inspection every 5 years. However, it is highly recommended doing so.
Dealing with faults
If an electrician performing a safety check will find any faults or potential faults, he is required to put these on the report. The landlord then must arrange further investigations or repairs to be completed by a qualified person within 28 days of the inspection (or within the timeframe set out in the report if this is shorter).
A landlord must ensure to receive written confirmation that these works have been carried out. That will prove that either the electrical safety standards are met, or further work is required. Then he has to provide this to the 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.
And what if the landlord does not comply?
The landlord not willing to comply with these regulations, or do not perform repairs as requested, 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.
The local authorities can act against any landlord breaching the above requirements.
Summary
So to summarise, if you are a landlord you must:
- Perform an electrical inspection on every occupied rented property every 5 years
- Perform any repairs required by the EICR report within 28 days
- Using a registered and insured electrician for any work on your property
Should you require any further advice, please do not hesitate to contact us. And if you need to perform a 5-year safety check on your rented property, call us for a free quotation.