Electrical Safety and Electrical Goods

Landlords should have a clear understanding of their responsibilities regarding electrical installations and appliances, and the duties and responsibilities placed on a landlord include the following legislation:

  • Landlord and Tenant Act 1985
  • Consumer Protection Act 1987
  • Electrical Equipment (Safety) Regulations 1994
  • Electrical Equipment (Safety) Regulations 2016
  • Building Regulations 2000
  • The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

Landlords' Duties and Responsibilities

The legislation obligates landlords to ensure that all electrical appliances supplied by the landlord are safe at the date of supply (each time the property is rented) and that mains installations are regularly inspected and tested.

Mains installation

Mains installation is the wiring, sockets, consumer unit, etc.

Since 1 June 2020, the_ Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020_ apply to a new specified tenancy from 1 July 2020 and all existing specified tenancies from 1 April 2021. A new specified tenancy is one that commences from 1 June 2020.

The regulations apply to any tenancy which:

  • grants one or more persons the right to occupy all or part of the premises as their only or main residence; and
  • provides for payment of rent (whether or not a market rent).

But, it does not apply to a lodger where the occupier shares accommodation with the landlord. Note: If the property is a licensable HMO with more than two lodgers, the license will have a condition that the landlord must declare the safety of the electrical installation on demand, making an electrical safety report necessary in that scenario. You can find other exemptions in Schedule 1 of the regulations.

The regulations, therefore, apply to most tenancies, including (not an exhaustive list):

  • Assured shorthold tenancy
  • Assured tenancy
  • Rent Act (statutory/protected) tenancy
  • Some contractual tenancies

The duties of a landlord under the regulations are to:

  • Ensure that the electrical safety standards are met during any period when the residential premises are occupied; and
  • Ensure every electrical installation in the residential premises is inspected and tested by a qualified person at regular intervals.

Ensure Electrical Standards Met During Occupancy

Electric regulations are an ongoing duty throughout occupancy and do not just involve regular inspection and testing.

The standards you must meet throughout occupancy are the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018 (ISBN-13: 978-1-78561-170-4).

Ensure Every Electrical Installation Is Inspected and Tested

This duty requires the landlord to ensure the electrical installation is inspected and tested by a qualified person at least every five years or less if the latest report requires the following inspection to be less than five years.

The purpose of the rule requiring a new electrical report if the existing one contains a shorter date than five years is to account for possible signs of deterioration. Some installations may need a report dated 2 or 3 years to reflect their condition accurately.

Some electricians will put a date of five years and then add a statement along the lines of "or at a new tenancy or sale of the property". Landlords should avoid employing electricians who insist on using this term, as it can cause confusion about when the next Electrical Installation Condition Report (EICR) is due. The timing may be affected as follows:

  • If the statement about obtaining a new EICR on a new tenancy is included in the date field for when the next report is due and there is a change of tenancy within five years, it is likely that a new report will be required.
  • However, if the statement to obtain a new EICR on a new tenancy appears elsewhere in the report, marked only as a recommendation, then a new EICR will probably only be required within five years.

Please check the report and its wording carefully. When employing a qualified electrician, ensure that before they begin work, they will only put a five-year date in the "next inspection due" field.

Under the regulations, all existing tenancies were required to have their first report completed by 1 April 2021.

The landlord must obtain a report from the qualified person, which must give the result of the inspection and test and the date of the next inspection and test.

Any existing tenant for the property must be given a copy of the report within 28 days.

The landlord must retain the report until the next inspection and test is due, and the landlord must give the report to the person conducting the next inspection and test.

If the local authority asks for the report, the landlord must supply a copy within seven days of the request.

Any new tenant must be given a copy of the report before the tenant occupies the property. In addition, if prospective tenants ask to see the report, they must be given a copy within 28 days of the request.

If the report requires further investigative or remedial work, the landlord must do that within 28 days or less if the report requires less time.

Where the report requires further investigative or remedial work, the landlord must obtain written confirmation from a qualified person that the works or investigative work have been carried out (within 28 days or less). In addition, the landlord must send the initial report and written confirmation within 28 days of the works being completed to the local authority and all tenants. Note: this is a requirement without request from the local authority.

It may be wise to have a qualified electrician inspect the property and conduct work initially. Then, a report should be issued without any further work required, avoiding having to send the paperwork to the local authority without a request.

Up to 31 May 2020, until these regulations come into force, any HMO must have an electrical safety inspection report at least every five years. Starting 1 June 2020, these new regulations will take over, so this legislation applies to all specified tenancies, including HMOs.

The government has published guidance for these regulations, which are available here.

Serving this document

  • Serve it in line with the service clause in your tenancy agreement—normally by first-class post to the property, hand delivery, or (if the contract allows) email.
  • Always put all tenants' names on the heading and envelope, and keep a certificate of posting or photograph of hand-delivery.
  • Joint tenants: Shelter's professional guidance confirms that one copy, in a single communication addressed to all joint tenants (or a nominated lead tenant), is "arguably sufficient" for statutory documents such as deposit prescribed information. The same practical approach may be accepted for all documents connected with the tenancy, provided each tenant is named in the document. However, despite this, giving each named joint tenant a duplicate copy is ideal.
  • Where the document is to be given before occupation or at the start of the tenancy, attach it to the digital signing tenancy pack and email it to every tenant so there is no dispute about receipt.

For fuller details on service rules, see our Service of Notices guide.

New Build Properties

According to the government guidance, for newly built properties or those that have undergone a full rewire, an Electrical Installation Certificate (EIC) should be available.

Landlords can give tenants a copy of the EIC and, if requested, to the local authority. As long as the landlord has met their responsibilities under the Regulations, no further electrical inspections or reports are required for five years from the date the EIC was issued.

Enforcement

The local authority must issue a remedial notice if they reasonably believe the electrical installation does not meet the standards or a report has not been obtained.

The local authority may impose a financial penalty of up to £30k per breach, and more than one penalty can be issued for a continuing failure.

If the report indicates urgent remedial action is required and the landlord fails to carry out the work within 28 days (or less if the report requires), the local authority may arrange for an authorised person to take the urgent remedial action with the tenant's consent. The costs of which would be payable by the landlord.

Please note that, unlike gas safety records, obtaining an electrical safety certificate does not impact the service of a Section 21 notice. A fine may be imposed in case of non-compliance, but it would not prevent serving a Section 21 notice. It is possible that the legislator opted for this approach due to the proposed ban on Section 21 notices under the Renters Reform Bill.

Electrical equipment

Electrical equipment is anything that makes use of or operates by electricity.

Landlords must ensure that all electrical equipment, including appliances, is 'safe' with little risk of injury or death to humans or damage to property. This includes all mains voltage household electric goods supplied by the landlord, such as cookers, kettles, toasters, electric blankets, washing machines, etc. Any equipment supplied must also be marked with the appropriate CE marking (Conformité Européene / Declaration of Conformity).

In addition, under the Electrical Equipment (Safety) Regulations 2016, the manufacturer's instructions and safety information must be provided with the appliance at each letting, which must be in English. The equipment must be correctly labelled by having a serial number (or something similar) and the name and address of the manufacturer. This information can be in the instructions or safety information (where the equipment is too small). Where equipment is unsafe or does not meet these requirements, necessary corrective measures must be taken by bringing that electrical equipment into conformity or withdrawing the electrical equipment.

To meet these obligations, either supply new appliances or get any appliances provided checked by a qualified electrician before the property is let to new tenants. You should keep all paperwork regarding the items (i.e. receipts, warranties, records of inspection) for a minimum of six years.

One way of helping to achieve safety is to undertake a regular formal inspection of the equipment every 2.5 years. The Electrical Safety Council advises that, as a minimum, landlords should (at each letting):

  • check the condition of wiring, and check for poorly fitted plugs, cracks and chips in casings, charring, burn marks or any other obvious fault or damage
  • check that the correct type and rating of fuses are installed
  • ensure a competent person checks all supplied appliances at reasonable periods and that any hazardous items are removed from the property. Record details of all electrical appliances, including their condition and fuse rating
  • ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants
  • avoid purchasing second-hand electrical appliances for rented properties that may not be safe and
  • maintain records of all checks carried out.

Use of inventory

The inventory can be used as evidence of any visual inspection and compliance with the regulations. For example (but not limited to), the inventory could show the following in respect of a kettle (ideally accompanied by a photograph):

Kettle condition -- new

Cable and insulation -- as new

Plug -- sleeved

Fuse -- 13amp

Lid seal -- as new

CE marking -- present

Instructions -- present (in English)

Safety information -- present (in English)

Serial number -- present

Name and address of manufacturer -- present

Name and address of importer -- present

Building Regulations Part P

The design, installation, inspection and testing of electrical installations are controlled under Part P of the Building Regulations, which applies to houses and flats and includes gardens and outbuildings such as sheds, garages and greenhouses.

Work that involves adding a new circuit or carried out in "wet areas", for example, bathrooms, kitchens or utility rooms, will need to be carried out by an installer registered with a Government-approved competent person scheme or building control notified before the work takes place. Generally, small jobs such as replacing a socket outlet or a light switch on an existing circuit in a 'dry area' will not be notified to the local authority building control.

You can find more details in Approved Document P published by the CLG and their guidance leaflet Rules for Electrical Safety in the Home. On completing any new electrical installation work, an Electrical Installation Certificate or Minor Works Form should be issued by the electrician or installer carrying out the job, and the landlord should retain this.

Local authority building control officers enforce building regulations, and you can consult them for further information about compliance with these regulations.

Further Guidance

For further guidance about electrical safety and the competency of electricians and installers to carry out new work or undertake the formal periodic inspection and test of an existing installation, refer to the information provided on the Electrical Safety Council's website: https://www.electricalsafetyfirst.org.uk/

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