In essence, all private landlords will be expected to ensure that electrical safety measures are met during any period when the residential premises are occupied. Ensuring electrical safety measures are met will include:
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
In essence, all private landlords will be expected to ensure that electrical safety measures are met during any period when the residential premises are occupied. Ensuring electrical safety measures are met will include:
That every electrical installation in residential premises is tested and inspected by a qualified person in the form of an Electrical Inspection and Condition Report (EICR).
That testing takes place before the tenancy commences on new tenancies from 1st July 2020.
That testing takes place before 1st April 2021 on existing tenancies.
That this testing takes place at ‘regular intervals’ which should be no more than 5 years.
That the qualified person gives the results to the landlord of the inspection and the next date the inspection is due.
That the landlord provides a copy of the report to all tenants within 28 days of the inspection.
That the landlord provides a copy of the report upon any new tenancy, to the tenants, on or prior to the tenancy commencing.
That where the report is ‘unsatisfactory’ any Code 1 (C1) advisory notices be actioned by the landlord immediately.
That where the report is ‘unsatisfactory’ any Code 2 (C2) advisory notices be actioned within 28 days.
You can read the full draft legislation, here: https://bit.ly/2LvCBVm. A ‘qualified person’ is essentially an electrician, but they need to be qualified up to and including current ‘electrical safety standards’. This means for electrical installations and, more specifically, refers to the 18th Edition of the IET Wiring Regulations, BS7671:2018. Here at Sure, we use an electrician qualified to these standards, who is also a member of the NICEIC (National Inspection Council for Electrical Installation Contracting), however, there are other electrical installation competent person organisations, such as Elecsa. We recommend that when employing a qualified person to carry out your EICR, you request evidence that they are qualified to the 18th Edition as well as any certification of membership to a competent person’s scheme, together with current public liability insurance.
What is an EICR?
An Electrical Inspection and Condition Report is nine-page document, detailing the findings of the qualified person. They will test and inspect the condition of the electrics within the property (that is, what is visible), record test results and produce a list of non-conformances. These non-conformances are matters which either must be corrected, if dangerous, or are noted as advisory. They fall into three categories:
Code 1: These are findings that require immediate action because what has been discovered is dangerous and may cause a threat to life. From a landlord’s perspective, this means that any Code 1’s found at your tenanted property will need to be rectified immediately.
Code 2: These are findings that require urgent action because they are potentially dangerous. However, unlike Code 1’s, the electrician doesn’t need to rectify immediately and, therefore, there is potential for you to discuss the remedial work required before proceeding with the best course of action e.g. you may decide to not just rectify the issue reported, but instruct a modicum of rewiring. From a landlord’s perspective, you will need to have any Code 2’s addressed within 28 days of the date of the EICR.
Code 3: These are recommendations for improvement and do not require any action, but may be something you consider addressing in the future. For example, the electrical safety standards are now at the 18th Edition. This means that any consumer unit (fuse board) installed prior to the 18th Edition (consumer units installed only two years ago are 17th Edition) would be recommended to be upgraded, however (and importantly), the consumer unit is deemed to have been acceptable at the time of installation. For landlords, tenant safety must be a priority, so if your consumer unit is a Code 3 (acceptable at time of installation) but does not have RCD (Residual Current Device) protection, we would highly recommend you have this upgraded to an 18th Edition one.
What do Landlords need to do?
For our managed properties we will be arranging EICRs, but if you are a Let Only Landlord who doesn’t feel confident arranging an EICR, please do get in touch so we can assist you with this service.
From 1st July 2020, all new tenancies will require a ‘Satisfactory’ EICR. So, if your tenants have just given notice or your property is currently on the market, now is the time to start getting organised. For our Managed Landlords we will arrange an EICR for you, or alternatively you can employ your own, preferred, electrician as long as they meet the requirements previously discussed. It is important to make enough time to have the EICR carried out in case there are any Code 1’s or 2’s which require addressing before the tenancy is due to commence. For all existing tenancies, ‘Satisfactory’ EICRs need to be in place by 1st April 2021, so it might be worth thinking about arranging an EICR on your tenanted property in the coming months, especially is there is a likelihood your tenants will give notice between now and next April.
If the EICR comes back as ‘Unsatisfactory’, you will need to arrange for remedial works to be carried out. As we have already covered, Code 1’s will need immediate attention, but you will have 28 days to rectify Code 2’s. The electrician should advise you from site regarding Code 1’s and provide a remedial quotation for Code 2’s when submitting the report to you (or via us, if you’re a managed landlord). Remember that if you decide to get a comparison quote, and have a different electrician carry out the remedial works, only the original electrician can update the EICR report, so you may need to pay a supplement for them to return and re-test the non-conformances, in order to obtain your ‘Satisfactory’ report.
What do Tenants need to know?
The introduction of electrical safety standards for tenanted properties is of great benefit to tenants and brings electrical safety in-line with gas safety standards by implementing formal, regular testing. From a tenant point of view, there is little you need to do, however, in these new social distancing times, we thought it was worth mentioning how we view the procedure working, in order that you have some peace of mind over contact with contractors:
We will advise you when an EICR needs to be carried out at your property and to expect contact from our electrical contractor.
Our electrical contractor will contact you and advise when they would like to attend. They will advise they are well, that they will wear PPE whilst carrying out the testing, and request all parties maintain social distancing during the visit.
Depending on the size of your property, the testing should not take more than 1 – 2 hours.
If you are feeling unwell or the time isn’t convenient (if you are currently working from home), then please advise our contractor so they can arrange a mutually agreeable time with you.
The contractor will visit and carry out the testing, following Covid19 guidelines. They shouldn’t need you to move any furniture but may ask to do so if they need to check things like inaccessible sockets.
We will advise you, in due course, if remedial works are required at your property and our contractor will follow the same procedure as above to gain access and work within your property again.
If you are in the vulnerable category and currently shielding, please advise us as soon as possible, so that we can attempt to delay electrical testing at your property until the Government update their guidelines at the end of the initial 12-week period.