New electrical safety standards and legal criteria for the provisions of compliance documentation in the private rental sector will go into effect on July 1st, 2020, under new legislation.
As a result, all landlords in England and Wales must now hire a licenced professional to conduct an EICR examination on their rental premises at least once every five years starting this year. Prior to moving into a property, they must also give new tenants with a current EICR certificate. A valid EICR will be required for all renters starting on April 1, 2021, regardless of when their tenancy began previous to the legislation taking effect. To assist you meet your legal requirements, we’ve put together the information below on EICR certifications and current regulatory amendments.
So what is an EICR?
According to the Electrical Installation Condition Report (EICR), a property’s electrical system is safe and in good working order. A certified electrician conducted an in-depth evaluation, and a report was generated as a result. In order to ensure that all the installations are safe and up to the regulatory requirements, the electrician will execute a visual check and run various tests on them. The electrician will make a note in the report of any potentially dangerous flaws and inform the landlord of any necessary repair work, along with relevant recommendation codes. The next inspection date will be included on the certificate as well.
PAT testing of any portable appliances that may be moved and unplugged on the site is not included in an EICR examination. There is no legal expectation that if you offer appliances, such as white goods, in the property, they shall be safe to use. However, renters are not needed to undergo a PAT test or present any documents unless explicitly required by a local government license. While this may be true, it’s advisable to get your appliances examined on a regular basis to make sure your renters are protected. Landlords may also be held liable for personal harm or property damage caused by malfunctioning appliances if they are found negligent.
Where and how do the new guidelines vary from the old ones?
Before and throughout any lease, landlords have always had a legal obligation to make sure their property is safe. Faulty electrical installations might result in criminal liability for the landlord. Prior to this legislation, landlords were exempt from doing EICR evaluations or supplying documents to tenants unless they were renting out a dwelling with several occupants (HMO).
For landlords renting out private housing in England, the new laws, which took effect in July 2020, require EICR inspections every five years and the provision of a copy of the certificate to tenants. Landlords must undertake the following to show they are in compliance:
- A complete assessor (an electrician) may do an inspection and provide you with a certificate outlining the findings of the inspection and the next due date. Before any new tenancy begins (including renewals and statutory periodic leases formed after a fixed term has ended), this must be done. As well as by the 1st of April 2021 for existing tenancies, beginning after 1st of July.
- Before they move into the property, give new tenants a copy of the EICR to go through.
- It’s important to provide the new owners of the property an EICR within 28 days following the inspection.
- If a copy of your EICR is requested, you have seven days to provide it to the local authorities before you risk fines.
- If a tenant requests an EICR in writing, provide one on to them within 28 days.
- Within 28 days, provide an EICR to any potential occupiers (for example, someone putting an offer on the property).
So, what if I have an EIR on file before July1, 2020?
According to the government, current EICR certifications that are less than five years old are still valid under the new law, after a request for clarification from the Residential Landlords’ Association.
Suppose my house doesn’t pass the EICR inspection?
If the attending electrician discovers a problem with safety standards, it must be investigated or corrected by a trained person within 28 days, or even sooner if the report advises that action be taken sooner. The landlord must do the following after completing the appropriate work:
- Find out if electrical safety requirements have been satisfied or whether more investigation or corrective work is needed by getting written confirmation from a trained person.
- Within 28 days following the completion of the work, provide each occupant of the property written confirmation and a copy of the original report indicating the need for investigative or remedial work.
- The local housing authority should get the same written confirmation and a copy of the original report 28 days after repair is finished.
This procedure must be continued until electrical safety requirements are met if any more investigation or corrective work is found to be necessary.
What kind of repercussions may I expect if I break the law?
Government agencies enforce regulations and have various authorities to guarantee the safety of privately leased residences. Local governments are responsible for regulatory enforcement and have various powers at their disposal to assure this safety.
After an inspection by an authority to check for any breaches, if non-urgent remedial work is found, then the landlords must be notified and given a timetable for completing it in writing. After that, the landlord has 28 days to arrange for the completion of the work. The landlord has 21 days from the date of receipt of the remedial notice to file an appeal with the local authorities. After a seven-day waiting period, the authority must react to the complaints and resume working.
It’s possible for the local authorities to execute remedial work on the property with tenants’ approval if they are convinced, after a notice period, that the landlord has breached their responsibilities (and a remedial notice hasn’t been withdrawn). The work will be reimbursed to the municipality by the landlord.
The local government may, with tenants’ approval, carry out quick, emergency remedial work and charge for the landlord for the expenses spent if it believes the landlord is in violation of legislation and corrective work is necessary right away.
Civil fines of up to £30,000 may also be issued by the local authorities for violations of electrical safety regulations.
