Date Published 22 June 2020
If you are renting out a property in England, any tenancy you create or renew on or after July 1st 2020 will require an electrical inspection and a report on the condition of the property (EICR) performed by a qualified person.
Renewals in this case include statutory periodic tenancies that are created at the end of a fixed term on or after this date.
For pre-existing tenancies, you will need to have an EICR performed on all existing tenancies before April 1st 2021.
What are my responsibilities as the landlord?
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 places a continuous duty on landlords in England to maintain their property to the electrical safety standards and to have evidence of this. This means your property must meet the 18th Edition of the Wiring Regulations and you must have a report that shows this from a qualified person.
Who do I need to give copies of the EICR to?
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 set out a number of different requirements around providing copies of the EICR to relevant people:
1. The EICR must be given to all of the tenants before they occupy the property, or at the point of renewal.
2. When you replace the EICR you must provide them with a copy of the new report within 28 days of the inspection.
3. If a tenant requests a copy of the EICR in writing, you must also provide them with one within 28 days.
4. Where the local authority requests the EICR you must provide them with a copy of it within seven days or face potential penalties.
5. Any prospective tenants who request a copy in writing must be provided one within 28 days.
What enforcement action can be taken if I do not comply with the regulations?
The local authority is responsible for enforcement and they have a number of powers to act on this.
Firstly, they can issue civil penalties of up to £30,000 per breach of these regulations.
Secondly, where they have identified non-urgent work they must serve the landlord a notice detailing the work required and giving them 28 days to perform the work. The landlord may make representations to this within 21 days of the notice being served. If they do then the local authority must respond to these representations within 7 days. Until they respond the requirement to perform the work is suspended.
Finally, if the local authority is satisfied the landlord is in breach and they have the tenant's permission to do so, they may perform emergency remedial work on the property and bill the landlord for any costs incurred.