Keeping electrical safety in check

Keeping electrical safety in check

Landlords’ responsibilities – your questions answered

10th August 2021

In the light of recent legislation changes in electrical safety for rental properties, we thought it would be useful to address some of the questions we’re regularly asked by landlords…

How has the law changed for landlords?
From 1 June 2020 it became mandatory for a five-yearly electrical safety check to be carried out for all new tenancies in privately rented properties in England. To support this, the same law was extended to cover any existing private rented property from 1 April 2021.

What is an Electrical Installation Condition Report?
An Electrical Installation Condition Report – frequently abbreviated to EICR – is a document that an electrician will issue after they have inspected and tested your property’s electrical installation. The document will either confirm that the property is safe for continued occupation or highlight areas where repairs are needed. An EICR is much like an MOT in that it will give the property a clean bill of health or detail work that must be carried out to bring it back up to scratch.

My last EICR was done within the last four years – is that OK?
In our experience, most landlords are likely to have carried out an EICR within the last four years. If you can produce a document confirming that this is the case, that the installation was deemed to be ‘Satisfactory’ and that there are no other obvious signs of damage to the installation, you would not need another EICR for the five-year period following the issuing of the current EICR.

Is this not just an additional burden for landlords?
Not in our view, no. Electrical safety is critical for both landlords and tenants. The tenant knows that their landlord has taken all reasonable measures to ensure that the home is safe for them to live in, and the landlord can rest assured that no damage will be caused to the property by faulty electrics.

Who needs to do the EICR?
It’s vital to use only a registered electrician who has been specially assessed to carry out an electrical safety check on your property and who is registered under the Private Rented Sector Scheme to undertake EICRs. Engaging an electrician who is registered with a competent persons’ scheme will give you increased protection, and you’ll also have recourse to a complaints resolution procedure should you need it. Any repair work should also be completed by a registered electrician.

What do I do if I can’t get in to my property to conduct an EICR?
The new government legislation stipulates that you will not be seen to have breached the regulations if you can show that you’ve taken all reasonable steps to comply. In the unlikely event that your tenant refuses to grant you access to the property, it’s important to note this and keep a record for use as evidence. And if your tenant is vulnerable or shielding due to Covid-19, make sure you document this to indicate that you have attempted to have an EICR carried out.

Do I need a new EICR each time a new tenant moves in?
No. You only need to complete an EICR every five years as long as no faults were identified. You do, however, need to give each new tenant a copy of the current EICR when they move in.

How will I be penalised for non-compliance?
It is down to your local authority to enforce the regulations. If you fail to comply and/or neglect to carry out any repairs that were identified, you may face a fine of up to £30,000.

Why is this all necessary?
In the same way that gas safety is regulated, electrical installations can deteriorate over time and in doing so present a risk of shock, injury and even death if they are not correctly maintained. It’s worth remembering that electricity is the root cause of more than 50% of accidental domestic fires in the UK each year, so the new regulations will help to protect hundreds of thousands of renters throughout England.

I rent out my new build and have an Electrical Installation Certificate (EIC) – how does that affect things?
If the property is newly built or has had a complete rewire, then an EICR will not be needed until five years after the EIC was granted.

My EIC says the next inspection isn’t due for another ten years so do still I need an EICR?
The new regulations have changed the landscape in this area so the EIC you have will now only be valid for five years and not ten as the certificate states. What’s more, if five years or more have elapsed since the EIC was issued you’ll now be in breach of the regulations so you should organise an EICR as a matter of urgency.

My fuse box was changed recently and I was given an EIC – is that sufficient?
No. Replacing a fuse box and obtaining an EIC does not give enough detail about the state of the overall electrical installation, so you will still need an EICR to comply. If you’re contemplating having your fuse board replaced, ask for both an EIC and an EICR.

My property failed its EICR but I’ve had the repair work done. Do I need a new EICR carried out?
No. A failed EICR is valid as long as it’s accompanied by documentary evidence of the remedial work having been completed. As a responsible landlord it’s your responsibility to keep all relevant documents safe but easily accessible, and to share copies with the local authority and your tenant(s).

At MS Electrical we specialise in keeping electrical safety in check by offering EICRs, PAT testing and fixed wire testing for landlords in and around Cambridge. Should you have any concerns about the electrical safety of your rental portfolio, please contact us for advice or to request a no-obligation quotation.

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MS Electrical Services have been working within our female-only care home for several years. They have been helping us with our Health & Safety compliance requirements with regards to PAT testing and fixed wire testing. They also undertake electrical works where needed. At all times the engineers have been professional, courteous, punctual and respectful of our residents while carrying out the work required. We highly recommend them and look forward to seeing them again next time.

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