What are Electrical Safety Obligations for Landlords?

Based on the 2020 Electrical Safety Regulations implementation, private landlords will require to make sure that they take active measures to ensure adherence regarding all new tenancies as of 1st July 2020.

When the regulation took place

• These regulations entered into force on 1st June 2020.
• These regulations apply only to:
• All new specified tenancies in England as of 1st July 2020
• All existing tenancies in England starting 1st April 2021

What are the responsibilities of landlords under the Electrical Safety Regulations?

Landlords have to:

• Make sure that national electrical safety standards are met. They are listed in the Wiring Regulations (18th edition) of the IEE (BS7671: 2018). 
• Make sure that installations in their properties are tested & inspected at least once every 5 years by a trained and professional individual.
• Make sure that the 1st testing & inspection is performed prior to the commencement of the tenancy as related to a new specified tenancy, Or by 1st April 2021 as related to an existing specified tenancy.
• Collect a report that shows the results of the test and inspection as well as the next inspection date from the inspector.
• Provide a copy of the inspection report to the existing tenant within 28 days from the date of inspection & test.
• Provide a copy of the inspection report to the new tenant before the tenant moves into the property. 
• Provide a copy of the inspection report to any potential tenant within 28 days of receiving a report request.
• Provide a copy of the inspection report to the local authority within 7 days of receiving a report request.

• Keep a copy of the inspection report to offer to the tester & inspector who will carry out the next test & inspection.
• If the inspection report indicates that remedial action or further investigation is needed, complete it within 28 days or any shorter time as stated in the report as necessary.
• Provide written proof from the electrical contractor, which shows the remedial works completion to the tenant as well as the local authority within 28 days of the remedial work completion.

Non-compliance penalties 

Local authorities are charged to enforcing compliance with the Electrical Safety Regulations & may:

• Ask for EICR copy, which must be provided by the landlord within 7 days.
• Serve a remedial notice in the event that there is cause to suspect that a private landlord is in breach of the Electrical Safety Regulations.
• Arrange remedial actions, with the tenants’ consent, and any expenses incurred by the local authority will be collected from the private landlord.
• A financial penalty of up to £30,000 may be imposed on landlords who violate their duties.

The Electrical Safety Regulations allow the landlord to appeal a remedial notice, e.g. by submitting written statements within 21 days of delivery of the notice. If the LA wishes to conduct the remedial work themselves, the landlord can appeal the decision of the LA and/or the costs recovery to the First-Tier Tribunal (Property Chamber).

Does non-compliance with the Electrical Safety Regulations prevent Section 21 Notice service? 

No – the Electrical Safety Regulations do not impose a penalty on landlords for non-compliance by preventing a valid Section 21 Notice service. 

The effect of coronavirus

It can be difficult to carry out safety checks right now, and the Government understands this.

The Government updated its guidance on 1st June 2020 and confirmed:

• In the event that the tenant of yours has been advised to shield or isolate their household, there may be a need to postpone your inspection & test. 
• In the event that this is the case, you will need to prove that you have taken all appropriate measures to comply with the regulations, even in the event that you are not yet able to complete the test, inspection or remedial work.

The practical steps landlords can adopt to ensure they comply with the Electrical Safety Regulations?

Landlords should have to take action to ensure they comply with the Electrical Safety Regulations and should take the following measures into consideration to reduce the non-compliance risk:

• Accurate documentation – every attempt to converse with tenants & any organize electrical safety tests must be documented.
• Measure the quality of the electrical installations at your property and consider whether any evidence could be generated to prove that the electrical installations are in proper condition.
• Make sure that, when electrical safety tests are carried out, the EICR copies are kept properly to ensure that the copies can be presented to the prospective tenant next or next tenant.

Fully Certified and Professional Electricians

Ayan Electricians in Watford provide professional electrical testing as well as inspection services to ensure that all wiring, as well as electrical appliances, are properly working. Our Company is able to provide the customers of ours with Electrical Condition Inspection Report (ECIR) as well as an Electrical Installation Certificate.