November 11, 2022
In January 2020, the government announced the much-anticipated introduction of mandatory electrical safety inspections for private landlords.
The new regulations, titled The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, were officially brought in on 1st April 2020.
In July 2020, all new tenancies required an EICR. As of 1st April 2021, this requirement applies to all tenancies – new and existing.
In this article, we’ve put together some information including what the regulations mean for landlords, what exactly an EICR involves and what happens if you fail to comply with the rules.
What were the laws regarding mandatory electrical safety inspections before 2020?
As of 2020, mandatory electrical inspections in England are only required for Houses in Multiple Occupation (HMOs).
For other private tenancies, it was recommended that an Electrical Installation Condition Report (EICR) be carried out every five years, but it was not technically required by law.
Electricity regulations: Why are they needed?
Mandatory electrical safety checks for rental properties have always been in place. The new regulations are in place to ensure that tenants are being protected and that property owners are following electrical best practices.
Back in 2018, a consultation was held by the Electrical Standards Working Group to discuss electrical safety in the private rented sector. In January 2019, the government published a response to the consultation that contained a number of recommendations, including mandatory requirements for landlords to carry out electrical checks every five years.
In Scotland, electrical testing became a mandatory legal requirement under The Housing Act 2014.
When did the regulations come into force?
The regulations officially came into force on 1st April 2020.
They applied to all new tenancies in England from 1st July 2020. They now apply to all existing tenancies in England (as of 1st April 2021).
What do the regulations mean for landlords?
The mandatory electrical inspection regulations set out some duties for landlords:
- Ensure that the electrical safety standards are met during a period when the residential premises are occupied under a tenancy
- Ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person (‘regular intervals’ is every five years, unless a report from an inspection and test specifies sooner)
Following the inspection and testing:
- Get a report from the qualified person carrying out the inspection and test. Which includes the results of the inspection and test and the date of the next one (EICR)
- Supply a copy of the report to each existing tenant on the premises within 28 days of the inspection
- Supply a copy of the report to the local housing authority within 7 days of receiving a request from the authority
- Retain a copy of the report to give to the qualified person that carries out the next inspection and test
- Supply a copy of the most recent report to new tenants and to prospective tenants who request to see it