9:31 AM, 2nd June 2020, About 4 years ago 10
Text Size
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require that landlords have property electrics checked at least every 5 years by a properly qualified person. The electrics must meet standards and landlords must give their tenants proof of this.
These guides on the regulations are for landlords, tenants in the Private Rental Sector. Published 1 June 2020 Click Here
The Regulations apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. Local authorities may impose a financial penalty of up to £30,000 on landlords who are in breach of their duties.
Landlords of privately rented accommodation must:
A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from one ‘household’ (for example a family) but share facilities like the bathroom and kitchen. If an HMO is a tenant’s only or main residence and they pay rent, then these Regulations apply to the HMO.
The Management of Houses in Multiple Occupation (England) Regulations 2006 previously put specific duties on landlords around electrical safety. This requirement has now been repealed, and HMOs are now covered by the new Electrical Safety Regulations.
HMOs with 5 or more tenants are licensable. The Housing Act 2004 has been amended by these Regulations to require a new mandatory condition in HMO licences ensuring that every electrical installation in the HMO is in proper working order and safe for continued use. See guidance on HMO licences.
The standards that should be met are set out in the 18th edition of the Wiring Regulations.
The Regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this.
The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.
The ‘fixed’ electrical parts of the property, like the wiring, the socket-outlets (plug sockets), the light fittings and the consumer unit (or fuse box) will be inspected. This will include permanently connected equipment such as showers and extractors.
The inspection will find out if:
The Regulations do not cover electrical appliances, only the fixed electrical installations.
We recommend that landlords regularly carry out portable appliance testing (PAT) on any electrical appliance that they provide and then supply tenants with a record of any electrical inspections carried out as good practice.
Tenants are responsible for making sure that any of their own electrical appliances are safe.
See guidance on portable appliance testing (PAT).
Tenants and landlords may consider registering their own electrical appliances with a product registration scheme.
Landlords must obtain a report (usually an Electrical Installation Condition Report or EICR) from the person conducting the inspection and test which explains its outcomes and any investigative or remedial work required.
Landlords must then supply a copy of this report to the tenant within 28 days of the inspection and test, to a new tenant before they occupy the premises, and to any prospective tenant within 28 days of receiving a request for the report.
If a local authority requests it, landlords must supply them with a copy of this report within 7 days of receiving the request.
If the report requires remedial work or further investigation, landlords must provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days of completing the work.
Landlords must retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.
Inspectors will use the following classification codes to indicate where a landlord must undertake remedial work.
If codes C1 or C2 are identified in on the report, then remedial work will be required. The report will state the installation is unsatisfactory for continued use.
If an inspector identifies that further investigative work is required (FI), the landlord must also ensure this is carried out.
The C3 classification code does not indicate remedial work is required, but only that improvement is recommended. Landlords don’t have to make the improvement, but it would improve the safety of the installation if they did.
If the report shows that remedial work or further investigation is required, as set out above, landlords must complete this work within 28 days or any shorter period if specified as necessary in the report. Landlords must then provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days.
If a local authority has reasonable grounds to believe that a landlord is in breach of one or more of the duties in the Regulations, they must serve a remedial notice on the landlord requiring remedial action.
Should a landlord not comply with the notice, the local authority may arrange for remedial action to be taken themselves.
The local authority can recover the costs of taking the action from the landlord. The landlord has the right of appeal against a demand for costs.
A landlord is not in breach of their duty to comply with a remedial notice, if the landlord can show they have taken all reasonable steps to comply.
A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports.
If the report indicates that urgent remedial action is required, and the landlord has not carried this out within the period specified in the report, the local authority may with the consent of the tenant arrange to carry out remedial work.
The local authority must authorise a qualified and competent person in writing to undertake the remedial action and give at least 48 hours’ notice to the tenant.
The costs for carrying out the remedial work can be recovered from the landlord.
Whether or not a ‘periodic’ tenancy is a new tenancy, as defined in Regulation 2, depends on the type of tenancy issued.
Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations.
Next Article
Buying house with loft conversion - 2 or 3 bed?
xBrito
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up10:39 AM, 2nd June 2020, About 4 years ago
For property where electrical inspections were carried out within the last five years, (i.e 2018) are these inspection still valid, or do new inspection need to be performed from July 2020?
Chris @ Possession Friend
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up13:35 PM, 2nd June 2020, About 4 years ago
Reply to the comment left by Ian Brand at 02/06/2020 - 10:39
Still valid, ( although MHCLG did say they were publishing guidance on it in June.)
Rod
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up21:26 PM, 2nd June 2020, About 4 years ago
I had a flat checked cost - £500 had another done £500! Cheaper than £30,000 tho!
Chris @ Possession Friend
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up21:51 PM, 2nd June 2020, About 4 years ago
Reply to the comment left by Rod at 02/06/2020 - 21:26
Jez ! FIVE Undred Quid !!!
You won't be using him again !
Richard of York
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up10:30 AM, 6th June 2020, About 4 years ago
No issue with electrical safety certificates for our properties, but I do hope this regulation applies to all social housing as well. Also, we pay £75 for an electrical safety check and certificate......
Jireh Homes
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:35 AM, 6th June 2020, About 4 years ago
Need to check that the electrician carrying out and certifying the condition of the installation is suitably qualified, so beware those who quote a low fee. Typical prices in NE Scotland range £100 - £130 for a small property and may be higher for larger houses. VAT may or may not be charged. And like low cost MOTs, some C1 & C2 observations may not be real.
Chris @ Possession Friend
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up22:32 PM, 6th June 2020, About 4 years ago
Reply to the comment left by Richard of York at 06/06/2020 - 10:30
No it Doesn't ! I'm preparing an article on the whole history and rationale for it at the moment.
Short answer is the Govt said that the PRS needed concentrating on for two main reasons,
1) That PRS was in more disrepair than Social Housing ( refering to the Number / % of Cat 1 HHSRS hazards found upon sampling by the English Housing Survey, and
2) that in light of above, and the PRS housing more tenants than Social Housing.
There are flaws to MHCLG's reasoning that I'll reveal in my article ( when its ready ) - that basically shows ( more ) Govt bias against the PRS and in favour of Social Housing.
Paul Hawkins
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up11:49 AM, 10th June 2020, About 4 years ago
Quoted £200 per property in North East Essex, reduced to £150 as had two in the same area that need inspecting. This was based on 2 bed terraced properties. Will see what C1 and C2 are thrown up - as others have said, slightly wary of very cheap offers in case they recover their costs by bumping up the price of remedial work. This price seemed about midway in Essex between lowest and highest quoted.
Ridvan xhakaj
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up16:45 PM, 12th June 2020, About 4 years ago
Guys
hope you are all well
thanks for all the info above
am due for an electric inspection / cert on my hmo in east london
i will be posting an job add on my builder soon
though to ask the question if the standard Plastic consumer unit does need upgrading for a RCBO unit / Aluminium ?
landlord247
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up21:27 PM, 9th July 2020, About 4 years ago
It is yet one MORE obligation on Landlords shoulders.
The cost of course will have to be passed onto tenants via higher rents, as is the case with any business where costs increase so does the price to the end user.
But it is the time it takes allowing access and the fact it recurs every 5 years that really annoys me. Especially as apparently private landlords who own properties in their own name are not running a business but merely own an investment (otherwise the interest on mortgages would be tax deductible). << Yes that was Sarcasm in case anyone missed it.
It seems to me like the government are totally against landlords at the moment, attempting to bury us in red tape and of course if you do not have every box ticked perfectly you will get a big fat fine and/or be a criminal and/or not be able to evict tenants even if they are not paying rent and trashing the place or selling drugs and upsetting the neighbours.
It has gone too far, I am Ironically in a position where I could literally double my portfolio in the next 5 years and instead I am looking at investments abroad. If the UK do not want me to buy and renovate properties and provide quality affordable accommodation I am perfectly happy (and able) to go and make a living elsewhere.