As of 1 June 2020, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are now in force, and landlords are required to have their properties' electrical installations inspected and tested every five years by a qualified and competent professional. They must also provide a copy of the electrical safety report to their tenants and the local authority upon request. This guide provides information on what landlords need to know to comply with the new regulations.
Key Regulations
Private landlords must ensure that all electrical installations in their residential premises are inspected and tested by a qualified and competent person at least once every five years. These regulations apply in England to all new specified tenancies created on or after 1 June 2020 and all existing specified tenancies from 1 April 2021.
After an inspection and testing, a private landlord must provide a copy of the safety report to their tenants within 28 days and to the local housing authority within seven days of receiving a written request. They must also retain a copy of the report until the next inspection and test and provide a copy to the person conducting the next inspection and test. If a new tenant is moving in, the landlord must provide a copy of the most recent report within 28 days of receiving a written request.
Action for Unsatisfactory Reports
If an Electrical Installation Safety Report identifies urgent remedial work or requires further investigation, the private landlord must ensure that a qualified and competent person carries out the required work within 28 days (or the period specified in the report if it is less than 28 days) from the date of inspection and testing.
After the remedial work, the landlord must obtain written confirmation from the qualified person and supply it, along with a copy of the report requiring further investigative or remedial work, to the tenants within 28 days of completion of the work. They must also provide this information to the local housing authority within 28 days.
Enforcement
Local authorities are responsible for enforcing the new regulations and can impose a financial penalty of up to £30,000 if they find a landlord has breached their duty. If the remedial notice is ignored, local authorities can arrange for remedial work to be carried out with the tenant's consent and recover the costs from the landlord.
Frequently Asked Questions
What kind of report should I ask for?
Typically, an Electrical Installation Condition Report (EICR) is used to assess the safety of an existing electrical installation in a property. This report describes the condition of the system and includes codes that indicate any required improvements or remedial work. An unsatisfactory report contains C1, C2, or FI codes that require immediate, urgent, or further investigation. A satisfactory report contains C3 codes, indicating recommendations for improvement.
Will I receive a certificate to show compliance?
There is no requirement for a certificate to demonstrate compliance. However, landlords should keep a copy of the electrical safety report for their records and provide copies to tenants and the local housing authority upon request.
Conclusion
The new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords to have their properties' electrical installations inspected and tested every five years by a qualified and competent professional. It is the landlord's responsibility to provide a copy of the electrical safety report to tenants and the local housing authority. Failure to comply can result in financial penalties, so it is essential to take these regulations seriously.
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