As landlords will be aware, new electrical testing regulations for landlords were introduced last year by the Electrical Safety Standards in the Private Rented Sector (England) 2020.

The changes which already apply to private landlords of “new” tenancies since July 2020 will extend to existing tenancies from 1 April 2021 to improve tenant safety.

The new regulations mean that landlords must ensure all electrical installations in their property (fixed electrical installations as opposed to the electrical appliances themselves) are inspected and tested every five years. They must obtain an electrical safety certificate known as an Electrical Installation Condition Report (EICR).

A copy of the EICR must be provided to new, existing and prospective tenants and if the local authority asks for a copy, a copy must be provided. Different timescales apply to different classes of tenant:

• Existing tenants – within 28 days of the inspection

• New tenants – before they occupy the property

• Prospective tenants – within 28 days of receiving the request

• Local authority – within 7 days of receiving the request

The national standards for electrical safety (which are set out in the Wiring Regulations) must be met.

If any remedial work is required following the report, this must be completed within 28 days of the report (or shorter if specified). Written confirmation by a qualified electrician will need to be provided to the landlord, the tenant and the local authority within 28 days of completing the works.

It is worth noting that tenants are responsible for making sure that their own electrical appliances are safe.

The regulations apply to assured shorthold tenancies, licences to occupy and certain HMOs. There are exceptions however such as social housing tenants, lodgers, student tenancies etc.

During Coronavirus, it may be difficult to carry out the safety checks and the Government will recognise this and the need for tests to be postponed in some cases. As long as you can show you’ve taken all reasonable steps to comply e.g. copies of communications trying to arrange the inspection, previous compliance with the regulations etc. you will not be in breach of the regulations.

If however, a local authority has reason to believe a landlord is in breach of the regulations, they may serve a remedial notice requiring the landlord to take action. Should the landlord not comply, the local authority can arrange for action to be taken and recover the costs from the landlord. Furthermore, financial penalties of up to £30,000 can be imposed on landlords in breach of their duties.

If you require advice with regard to the new regulations, please contact Jack Manning on 01935 385993 or Sasha Loveridge on 01935 385996.