Electrical safety standards

New electrical safety regulations for landlords in the private rented sector come into force from Wednesday 1 July 2020.

The regulations apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021.

Equipment that is permanently connected eg fixed electrical parts, such as:

• light fittings
• night storage heaters
• showers
• extractors

Portable appliances such as kettles and freestanding fridges will not be part of the inspection and testing routine but you will still need to make ongoing visual checks.

The regulations apply to all residential tenancies:

• where a tenant has a right to occupy all or part of a property as their only / main residence 
• where a tenant pays rent
• that is not listed as an excluded tenancy

The regulations replace those already in place for houses in multiple occupation (HMOs).

• Private registered social housing providers
• Lodgers
• Long leases or tenancies of 7 years or more
• Student halls of residence
• Hostels and refuges
• Care homes, hospitals, hospices and other healthcare provision accommodations 

If a property is covered by an existing Electrical Installation Certificate that has not expired, you do not need to get a new report issued. The date for the next inspection and test is stated on the current certificate.

If an inspection and testing is needed for the first time, this needs to be carried out before any new tenancy is granted from 1 July 2020 and by 1 April 2021 for existing tenancies.

You will need to hire a qualified person to carry out an inspection to check that the electrical fittings comply with the Institute of Engineering and Technology 2018 wiring regulations. You will need to get a report from them which gives the results of the inspection and test and the date of the next one (this needs to be at least every 5 years).

After the property has been inspected, you will get a report from the person who carried out the inspection. You then need to:

• Give a copy of the report to each existing tenant of the property within 28 days of the inspection and test taking place
• Keep a copy until the next inspection and test is due and give a copy to the person carrying out the next one
• Give a copy of the most recent report to any new tenant before they move in to the property and any soon-to-be tenant within 28 days of receiving a request in writing for it

What you need to do if the report identifies problems

• If the report identifies a breach, further investigations must be carried out within 28 days of the inspection, or within a shorter period if specified on the report
• Get written confirmation from a qualified person that the further investigative or remedial work has been carried out and that the electrical safety standards are met or further work is needed
• Give that written confirmation and a copy of the report to each existing tenant within 28 days of the works being complete

What the report will show

• The report must state the results of the inspection and test and the date of the next one (which will need to be at least every 5 years)
• Any items identified as C1 (Danger present / risk of injury) or C2 (Potentially dangerous) will need remedial works and the report will state the installation is unsatisfactory for continued use. If the scope of the completed works allows, then a Minor Electrical Installation Works Certificate will be issued to show compliance
• If a different engineer does the corrective works then a new 'satisfactory' certificate can only be issued as standard following a full re-test (and associated cost)
• Items identified as C3 (Improvement recommended) will not result in an unsatisfactory outcome as they are not considered to be unsafe, although improvement is recommended

The report under these regulations is not a set legal requirement under the Deregulation Act 2015, so not giving the report to a tenant will not affect landlords serving a section 21 notice, but  you would still be breaching the electrical safety regulations.

We can ask to see the report and this should be provided to us within 7 days of asking, or you could be fined.

If we have reasonable grounds to believe that you as a landlord is in breach of one or more of the duties in the regulations, we will serve you with  a remedial notice requiring remedial action.

If you do not comply with the notice within 28 days, we may arrange for remedial action to be taken ourselves.

We can recover the costs of taking the action from you. As a landlord you have the right to appeal against a demand for costs.

We can impose a financial penalty of up to £30,000 if you are in breach of your duties (eg not providing a copy of the report or carrying out required works) and multiple penalties can be given.

If you are a landlord or a tenant and have any queries about the new regulations please call 0191 427 7000 or email developmentservices@southtyneside.gov.uk

For more information see GOV.UK: Guide for landlords: electrical safety standards in the private rented sector