⚡ Landlords: Comprehensive Guide to Electrical Safety Standards in the Private Rented Sector
Ensuring the safety of your tenants is not just a moral obligation but a legal requirement. At David Clarke Estate Agents, we assist landlords in Herne Bay and Whitstable to navigate the complexities of property regulations, including the crucial electrical safety standards.
Here’s an in-depth look at the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020:
- Mandatory Inspections – Landlords must ensure that electrical installations in their properties are inspected and tested by a qualified person at least every five years, in accordance with the 18th edition of the wiring regulations.
- Scope of Inspection – This includes all fixed electrical cables and equipment, such as showers or fitted kitchen appliances that are directly connected to the electrical supply.
- Electrical Installation Condition Report (EICR) – After the inspection, landlords receive an EICR, which outlines the condition of the property’s electrical installations, any required remedial work, and the date for the next inspection.
- Applicable Tenancies – These regulations apply to all new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. This includes Assured Shorthold Tenancies, Assured Tenancies, Licences to occupy, Secure Tenancies, Regulated Tenancies, Rent Act tenancies, Rent Agriculture tenancies, and Non-Housing Act tenancies.
- Excluded Tenancies – Examples include social housing, long leases, student halls of residence, hostels and refuges, care homes, hospitals and hospices, and shared accommodation with a landlord or landlord’s family.
- Renewed Tenancies – A renewed fixed-term tenancy is considered a new tenancy; therefore, from 1 July 2020, all renewed fixed-term tenancies need to adhere to electrical safety standards.
- Periodic Tenancies – Statutory Periodic tenancies are classed as new tenancies and must comply from 1 July 2020. Contractual Periodic tenancies that commence at the end of the fixed-term are considered the same tenancy, with compliance required by 1 April 2021.
- Qualified Person – A competent individual who can undertake the inspection, testing, and any remedial work in accordance with the electrical safety standards. Typically, this person will be part of a competent persons scheme, such as NAPIT or NICEIC.
- Post-Inspection Requirements – Landlords must:
- Supply a copy of the EICR to each existing tenant within 28 days of the inspection.
- Provide a copy to any new tenant before they occupy the premises.
- Supply a copy to any prospective tenant within 28 days of a request.
- Retain a copy of the report and give it to the qualified person carrying out the next inspection.
- Provide a copy to the local authority within seven days if requested.
- Remedial Work – If the EICR identifies any issues, landlords must ensure that remedial work is carried out by a qualified person within 28 days or sooner if specified in the report. Written confirmation of the completed work must be obtained and provided to tenants and the local housing authority.
- Compliance with Wiring Regulations – Existing installations do not need to comply with the 18th edition of the Wiring Regulations if they are deemed safe. Landlords should consult with their inspector to determine compliance.
- Validity of Existing Certificates – If an existing certificate was issued more than five years ago, regardless of its stated validity period, it will not be applicable under these regulations. A new EICR must be obtained to ensure compliance.
- Enforcement and Penalties – Local authorities can impose fines of up to £30,000 for non-compliance. Before imposing a financial penalty, the local authority must serve a Notice of Intent within six months from when the landlord is in breach, outlining the amount, reasons, and right to appeal.
Compliance with these regulations not only ensures tenant safety but also protects landlords from potential legal and financial repercussions.
At David Clarke Estate Agents, our experienced team in Herne Bay and Whitstable is here to provide guidance and support to landlords, ensuring your properties meet all legal requirements.
For expert advice and assistance, contact our estate agents in Herne Bay or estate agents in Whitstable.