This regulation will affect new private residential tenancies from 1st July 2020 and all other tenancies already in existence from 1st April 2021. Currently, this level of regulation only applies to licensed House of Multiple Occupancies (HMO).
Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the regulations. For statutory periodic tenancies – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy would be a new tenancy.
There are some tenancies that will be excluded from the new regulation; social or resident landlord, long leases or tenancies granting a right of occupation of seven years of more, student lettings in halls, tenancies granted to occupiers of hostels, refuge care homes, hospitals or hospice. All electrical wiring and fixed electrical installations will need to be signed off and reported by a qualified electrician.
This report will be required to be shown at the beginning of every new tenancy and renewed at least every five years or earlier if any electrics or fixed electrical installations are altered or changed by the landlord. If the report highlights any issues, the landlord will be required to remedy these within 28 days or sooner dependent on the recommendations contained within the report.
If landlords don’t comply with the recommendations made in the report and this is reported to the Local authority they have the power to issue a fine of up to £30,000. They will also be granted the power to carry out any required works and seek to impose the costs of such actions onto the Landlord. It is more likely that they will serve a further notice of 28 days in order for Landlords to carry out the specified works before imposing any further actions and potential fines.
An Electrical Installation condition report (EICR) is a report carried out to assess the safety of the existing electrical installation within a property and is used to describe its condition. Parts of the system that are reported on include consumer units, protective bonding, lighting, switches and sockets etc.
The EICR will be graded Satisfactory or Unsatisfactory and will detail a list of observations affecting the safety or improvements required.
Questions about Property Management
These observations will be supported by codes
Unsatisfactory codes are:
C1 – DANGER PRESENT, RISK OF INJURY, IMMEDIATE REMEDIAL ACTION
C2 – POTENTIALLY DANGEROUS, URGENT REMEDIAL ACTION REQUIRED
F1 -FURTHER INVESTIGATION REQUIRED
Satisfactory code is:
C3 – IMPROVEMENT RECOMMENDED
These regulations do not place any defined requirements on fixed portable electrical appliances provided by the landlord, however due to the awful tragedy of Grenfell it is recommended to all my landlords.
Covid-19 Pandemic vs. New EICR Regulations
If landlords can show they have taken all reasonable steps to comply with their duties under the regulation
you will not be in breach of the duty. You could show reasonable steps by keeping copies of all communications with your tenants and with electricians as you’ve tried to arrange the work.
The Electrical Safety Standards in the Private Rented Sector ( England ) Regulations 2020: http://www.legislation.gov.uk/ukdsi/2020/9780111191934
Explanatory Memorandum to The Electrical Safety Standards in the Private Rented Sector ( England ) Regulations 2020 :
If your property is managed by Sotheby’s International Realty please contact Andy with your instructions to carry out on your behalf.
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