Landlords and Electrical Safety

What are a Landlord's responsibilities for electrical safety?

As a landlord, you are responsible for ensuring that the electrical system in your rental property is safe. This includes ensuring that all electrical wiring and electrical equipment is up to code and in good working condition. You should also have a licensed electrician inspect the electrical system regularly to ensure that it is safe.

If there are any electrical hazards in your rental property, you should take immediate steps to fix the problem and make the rental property safe for your tenants. If you fail to do so, you could be held liable if a tenant is injured as a result of an electrical hazard.

Here are some tips to help you ensure electrical safety in your rental property:

-Make sure that all electrical wiring and electrical equipment is up to code and in good working condition.

-Hire a licensed electrician to inspect the electrical system regularly.

-If there are any electrical hazards in your rental property, take immediate steps to fix the problem.

- educate your tenants about electrical safety and provide them with information about what to do in case of an emergency.

Landlords are responsible for ensuring that the electrical system and any electrical appliances that they supply are safe to use. This may include cookers, kettles, toasters, washing machines and immersion heaters.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

These set out electrical safety standards that landlords must meet. These Regulations apply to new and existing tenancies where the premises are used as a dwelling. Read the Regulations here:

Landlords must ensure that electrical installations in their properties are safe and maintained in a good, working order. They must also provide tenants with an electrical safety certificate which gives details of the electrical safety tests that have been carried out on the property.

If you are a landlord and you are unsure about your responsibilities for electrical safety, you should seek professional advice. You can contact your local authority's environmental health department or the Electrical Safety Council for more information.

What do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 demand from property owners?

Landlords of privately rented accommodation must:

• -Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671
• -Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at an interval of at least every 5 years
• -Obtain a report from the person conducting the inspection and test which gives Results And sets A date for The next inspection and test."

The timeline for supplying different parties with a copy of this report are as follows

• -The existing tenant must receive a copy within 28 days of the inspection and test
• -A new tenant should have thereport before they occupy the premises
• -Any prospective tenantshould receive their requested copy within 28 days
• -The local authorityshould get theircopy no later than 7days after receivingthe request.

After the inspection and test, keep a copy of the report to give to the inspector and tester who will do the next inspection and test.

If the report says that more work is needed, finish this work within 28 days or whatever shorter time period is necessary according to what’s specified in the report. Within 28 days after finishing any repairs, send written confirmation from the electrician about completing these works to both tenants and local authorities.

Which rented properties do the Electrical Safety Regulations apply to?

The new electrical safety standards apply to all privately rented accommodation where there is a tenancy agreement in place on 1 April 2021, regardless of when the tenancy agreement was made

This includes

-Houses

-Flats

-Hostels

-Bedsits

-Caravan sites used as permanent residences (static caravans)

-Houseboats that have been permanently moored in one place for more than 28 days

The electrical safety standards do not currently apply to commercial properties, but this may change in the future.

Electrical safety and HMO's

If you’re a landlord of an HMO, you must ensure that the electrical installations in your property are inspected and tested by a qualified person at an interval of no more than every 5 years. A House in Multiple Occupation (HMO) is a property rented out by 3 or more people who are not from 1 ‘household’ (for example a family) and who share facilities like the bathroom and kitchen

You must also get an electrical safety certificate for each HMO that you rent out. The certificate must be issued by a qualified and competent person, and it must give details of the electrical safety tests that have been carried out on the property

You must give tenants a copy of the electrical safety certificate within 28 days of the inspection and test. If you have a new tenant, they should have the certificate before they occupy the premises. And if you’re asked for a copy by a prospective tenant, you must give it to them within 28 days

You must also give a copy of the electrical safety certificate to your local authority, on request, no later than 7 days after receiving the request.

If an electrical safety inspection report says that more work is needed to make the property safe, you must finish this work within 28 days or whatever shorter time period is necessary according to what’s specified in the report

Within 28 days after finishing any repairs, send written confirmation from the electrician about completing these works to both tenants and local authorities

You should keep a copy of the electrical safety certificate and the report from the electrical safety inspection for at least 6 years after the day on which the electrical safety inspection was carried out.

Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at an interval of at least every 5 years

Obtain a report from the person conducting the inspection and test which gives Results And sets A date for The next inspection and test."

How do I find a ‘qualified and competent person’ to carry out the elctrical safety test?

A ‘qualified and competent person’ is someone who’s qualified to do the electrical safety test by virtue of their training and experience. This could be, for example, an electrician who’s registered with a professional body.

The electrical safety standards do not currently apply to commercial properties, but this may change in the future.

What are a Landlord's reponsibilities for Portable Appliances? (PAT testing)

As a landlord, you’re responsible for making sure that any electrical appliances that you provide as part of the tenancy are safe to use. This includes items like kettles, toasters and microwaves

You should get electrical appliances tested (PAT testing) by a qualified person at an interval of no more than every 12 months, or at any other interval specified by the manufacturer’s instructions

If an appliance is found to be unsafe, you must either repair it or replace it with a similar appliance that’s safe to use

You must give tenants a copy of the electrical safety certificate within 28 days of the inspection and test. If you have a new tenant, they should have the certificate before they occupy the premises. And if you’re asked for a copy by a prospective tenant, you must give it to them within 28 days

You must also give a copy of the electrical safety certificate to your local authority, on request, no later than 7 days after receiving the request

You should keep a copy of the electrical safety certificate and the report from the electrical safety inspection for at least 6 years after the day on which the electrical safety inspection was carried out.

What if a tenant won’t let me in to carry out electrical safety testing ?

If a tenant won’t let you in to carry out electrical safety testing, you should first try to speak to them to explain why it’s important and when would be a good time for you to come in.

If the tenant still refuses to let you in, you could consider taking legal action. For example, you could apply for an ‘interim possession order’ from the court. This is a court order that would allow you to enter the property so that you can carry out electrical safety testing.

You should get advice from a solicitor before taking any legal action.

New safety rules

New rules for electrical safety in the home came into effect on 1 January 2005 in England and Wales.

From this date, people carrying out electrical work in kitchens, bathrooms or outdoors or adding new circuits to any part of the property must follow the new rules in the Building Regulations.

The alternative is to get the work carried out by a qualified electrician who is registered under a Competent Person Scheme.

Competent Person Schemes

The benefits of using members of these schemes include:

• They can deal with all the new safety rules for you.
• They are qualified to carry out electrical work.
• They will give you a certificate to confirm their work follows the new rules.
• You will not have to pay Building Control charges.
• You will have the option of taking out an insurance-backed guarantee for the work.
• You will have access to a formal complaints procedure if you are not happy with the work.

Contractors registered under these schemes are certified as competent to do all electrical work:

BRE Certification Ltd	0870 609 6093
British Standards Institution	01442 230442	www.bsi-global.com/kitemark
ELECSA Limited	0870 749 0080	www.elecsa.org.uk
NAPIT Certification Limited	0870 444 1392	www.napit.org.uk
NICEIC Certification Services Ltd	0800 013 0900	www.niceic.org.uk

Contractors registered under these schemes are certified as competent to do electrical work only if it is necessary when they are carrying out other work:

CORGI Services Limited	01256 372200	www.corgi-gas-safety.com
OFTEC (Oil Firing Technical Association)	0845 658 5080	www.oftec.org