The Ministry of Housing, Communities and Local Government
have now introduced their guidelines to the new Electrical Safety Regulations
that come into force on 1st July 2020.
I have included a link to the Governments websites, but what follows is an overview of the key takeaways from the new legislation.
When do I need to do an Electrical Safety Inspection? Any new tenancy agreement signed after 1st July, 2020 will require an Electrical Safety Inspection.
NOTE: A certificate must be provide to the tenant prior to occupation.
What if I have an existing tenancy signed prior to July 1st, 2020? You have until 1st April, 2021 to comply with the new legislation.
NOTE: if you renew a tenancy agreement anytime between 1st July 2020 and 1st April 2021 (even to the same tenants) an electrical inspection will become due at that point.
Do I need to provide the tenants with a copy of the
Electrical Safety Certificate? Yes. Within 28 days of the inspection on an
existing tenancy and prior to a tenant moving in on a new tenancy.
What will the inspection cover? The inspection will investigte if any electrical installations are overloaded. That is, if there are any potential shock risks, or fire hazards, any defective electrical work and if there is a lack of earthing or bonding.
How often do they have to be done? Every 5 years.
What happens if my property fails? You will have 28
days to rectify any issues and supply your tenants with a certificate.
What if my property is brand new, or has just been rewired? If this the case, you should have been given an EIC (Electrical Installation Certificate). These will be valid for 5 years from the date of the certificate and you must give a copy to your tenant within the 28 day time scale.
What if I don’t comply? The government are taking these regulations very seriously and have given local councils the power to fine up to £30,000 for non-compliance.
NOTE: You will also have to supply the local authority with a certificate, but only if requested and within 28 days.
What if my new build property is only 2 years old? It is my understanding that the EIC (Electrical Installation Cert) issued at completion will be valid for 5 years from the date of that certificate but I have requested clarification on new build properties built in the last 2-4 years. It is not clear in the guidelines if the EIC will suffice as cover for the Landlord. That is, if a property is 3 years old , the EIC have 2 years left to run before a new certificate is required.
What if my tenant will not allow access? A valid
question in these uncertain times. You will not be held responsible if the
tenant does not allow access but please make sure you keep all evidence of this
as you may be required to prove it. Tip, do everything by email or in writing.
https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector
