Landlords Electrical Obligations Update February 2020

On 13th January 2020, plans were laid out in Parliament for ‘ElectricalSafety Standards in the Private Rented Sector (England) Regulations 2020’. Once ratified by the House of Commons and the House of Lords, these new regulations will take effect from July 1st 2020 for new tenancies and April1st 2021 for incumbent tenancies.

Who should carry out this work?

In essence, a competent person within the electrical industry is aperson possessing sufficient technical knowledge, relevant practical skills,experience and qualifications for the nature of electrical work undertaken.Competent Person Scheme (CPS) operators such as the NICEIC, Elecsa and NAPITassess an electrician’s proficiency through periodic assessment and oncesatisfied, place them on the Electrical Competent Persons register, which canbe checked online; www.electricalcompetentperson.co.uk

However, it is important for Landlords to understand that simply becausean electrician is registered with a CPS, it doesn’t automatically qualify themto carry out the proposed Electrical Installation Condition Reports (EICR). Itis extremely likely that when the regulations come into force, electriciansmust hold a City & Guilds 2391 Inspection & Testing qualification or the equivalent EAL Level 3 Award in Electrical InstallationInspection, Testing, Certification and Reporting.

Thankfully, there are easy ways to check if an electrician has the necessary qualifications to carry out the inspection report. Scheme Providers such as the NICEIC have an ‘Approved Contractor’ status for those with the relevant Inspection & Testing experience. Should the electrician in question hold a Joint Industry Board (JIB) Gold Card with a JIB Grade of‘Approved Electrician’, then they are also able to carry out the inspection.

While this can provide a Landlord with a certain amount of confidence ata glance, it is still important to get confirmation that the electrician holds the appropriate qualification. At BuzzElectrical you can be sure that our electricians have the correct qualifications and experience to carry out this work.

Current Landlord responsibilities

Despite the fact that there are currently no statutory requirements forLandlords to undertake annual safety checks on domestic electrics as there are with gas, the Institution of Electrical Engineers (IEE) recommends the periodic inspection and testing of the installation at least once every 10 years.However, this is left to the Landlords discretion.

Any appliances supplied by the Landlord should either be new or checked by a qualified electrician before the property is let. It is advised that all paperwork regarding the item (receipts, warranties, certificates of inspection)should be kept for a minimum of six years and made available to the tenant upon request.

Other recommendations for best practice include:

• Check wiring condition for any obvious damage or faults
• Check the correct fuse ratings are used throughout the property
• Ensure all supplied appliances are periodically PAT tested
• Keep detailed records of any and all safety checks
  

New regulations

Once the proposed regulations come into practice, it will be mandatoryfor private landlords and letting agents to ensure electrical installations areperiodically inspected and tested at a minimum of once every five years by aqualified electrician, whether the property is occupied or not.

Not only this, but the following obligations must be fulfilled by theLandlord:

• The latest report must be provided to any prospective tenant within twenty-eight days of request
• The most recent report must be supplied to a new tenant prior to occupying the property
• The report must be supplied to an incumbent tenant within twenty-eight days of taking place
• A copy of the report must be kept and provided to the electrician undertaking the next inspection.
  

Obligation to repair faults

If a safety report identifies faults, repairs must be completed by a qualified and competent person within 28 days of inspection. Once completed, the Landlord must ensure they obtain written confirmation confirming that the repair has been rectified and meet the required safety standards. This must be also be supplied to the tenant within 28 days.

According to Electrical Safety First (ESF), a charity dedicated to reducing the number of injuries and deaths caused by electricity, more than half of all domestic fires are caused by electrical faults. They hope that these new regulations will protect the millions of private renters across theUK.

Martyn Allen, Head of the Electrotechnical Division for ESF says the new regulations will allow tenants to hold their landlords responsible for deficient electrical safety. He added: " It is now vital this new regulation has teeth and that the enforcement body has the resources to act when necessary, to protect the tenant."

Involvement by local authority

Should the new regulations not be adhered to by a Landlord, stipulations give the local housing authority (LHA) the power to arrange repair work on theLandlords behalf.

Should a tenant raise a concern with the local authority:

• Upon request, an up-to-date report must be provided to the LHA within seven days
• Where repair work is urgently required, the LHA can serve a ‘remedial notice’. The Landlord will have twenty-eight days to take action from the date served
• Should repairs not be undertaken, the LHA can access the property then recover costs from the Landlord.
• Continued breaches can lead the LHA to imposing a fine of up to £30,000

Outgoing Minister for Housing Heather Wheeler said of the new regulations “ Everyone deserves a safe place to live. While measures are already in place to crack down on the minority of landlords who rent out unsafe properties, we need to do more to protect tenants. That’s why we will introduce powers to enable stronger electrical safety standards to be brought in along with tough penalties for those who don’t comply ”.

Newly appointed Minister for Housing Esther McVey continued “ theGovernment to committed to introducing mandatory five-yearly electrical safety inspections for electrical installations in privately rented properties ”.

If you have any questions, concerns or would like to ensure you are up to speed with new regulations – do get in touch with us at info@buzzelectrical.co.ukor call us on 01386 423 600