From the 1st April 2021, Landlords of private rental accommodation will need to ensure they are compliant with The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. The Regulations came into force on the 1st June 2020 last year to further improve electrical safety for tenants.
Up until now, the changes only affected new tenancies from the 1st June 2020. However, from the 1st April 2021, the Regulations now apply to all exiting tenancies and Landlords will need to have obtained Electrical Installation Condition Report (EICR) or face a potential financial penalty of up to £30,000 from their Local Authority.
The Regulations set out a number of requirements Landlords must follow, here are some of the key points:
- Electrical installations within the property need to be inspected and tested by a qualified and competent person. This needs to be done at least every 5 years and a report obtained from the engineer who inspected the property.
- Supply a copy of the report to the Tenant within 28 days of the inspection.
- Complete any remedial work within 28 days of the inspection if such work is required (or within any shorter period if specified by the inspection).
The inspection itself will test any fixed electrical parts within the property, which includes, any wiring, plug-socket outlets, light fittings, consumer unit or fuse box and permanently connected equipment (e.g. showers or extractors).
Who does this affect?
The Regulations apply to the following types of tenancy: –
- Assured Shorthold Tenancies.
- Assured tenancies, including Rent Act and Rent Agriculture Act.
- Agricultural tenancies granted for less than seven years which include a house.
- Houses within Farm Business Tenancies and Agricultural Holdings Act tenancies where initial fixed term is less than 7 years.
- Service occupancies where a rent is charged, even if not market rent.
It is important Landlords also check as they fall into one of the excluded tenancies, a list of which can be found in Schedule One of the Regulations.
This deadline is fast approaching and should not be ignored; therefore, we have created a quick checklist for Landlords to ensure they are ready come the 1st April 2020.
Checklist for Landlords who are not currently compliant:
- Arrange for a competent and qualified engineer to carry out an inspection of your property and to produce an Electrical Installation Condition Report before 1st April 2021.
- Undertake and complete any remedial work within 28 days of the inspection.
- Provide a copy of the EICR to your Tenant within 28 days of the inspection.
- Keep a copy of the report in your records to produce to any future new Tenants.
- Supply a copy of the report to your Local Authority within 7 days if requested.
- Make a diary entry in 5 years’ time for the next inspection.
n.b. – If any changes occur to the Property, it is important to consider if a new EICR is required to remain complaint.
For more information and guidance, please click here.
If you are not sure if a new inspection is required at your property or have questions about which tenancies are excluded from the mandatory inspections, please contact Liam Mulholland for further advice.
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