How to stay the right side of the law? 

There are a few guidelines that you must follow. 

Make sure that the electrics are checked by a competent electrical professional who will confirm that the correct electrical standards are being met i.e. to BS7671. This needs to be done every 5 years.

Who is a competent person?

This is someone who is qualified under the latest version of the wiring regulations (BS 7671), with at least two years’ experience in such checks. They must also have at least £2 million of public liability insurance and up to £250,000 of professional indemnity insurance. They should also hold a qualification covering the periodic inspection, testing and certification of electrical installations.

What is the electrical safety report called?

It is called an Electrical Installation Condition Report (EICR). The items that will be tested include lighting, switches, sockets, consumer units, protective bonding, etc.

The EICR highlights whether or not an electrical installation is safe by grading it ‘satisfactory’ or ‘unsatisfactory’. It also outlines what needs to be done to improve the installation, if necessary.

What you don’t want to find on an EICR?

C1 – This indicates the installation requires immediate remedial action because it is a danger to those using it. In such a case, the electrician may make a temporary repair, but it is up to the landlord to have it permanently fixed.

C2 – Again, this requires urgent action as the installation is potentially dangerous.

FI – Stands for ‘further investigation’ necessary.

In the case of a C1, C2 or FI code, the landlord must make the necessary improvements.

What you want to find?

Satisfactory Code or C3 (this is where improvement is recommended.) With a C3, this isn’t always the case since it may mean the item just doesn’t comply with current regulations (although it did when it was installed). In this case, the property would be given a ‘satisfactory’ grading for the EICR.

The report should also state when the next inspection is due. Therefore, a report that is say 2 years old, can be shown to a new tenant.

What do I need to do if my property gets an ‘unsatisfactory’ grading?

Any remedial work must be carried out within 28 days of the test and verified by the electrician carrying out the repairs via an Electrical Installation Certificate or Minor Works Certificate.

What do I need to do with the report once I have it?

If you are setting up a new tenancy, the report needs to be provided to the new resident before they move into the property. If the report has been carried out mid-way during the tenancy the report needs to be provided within 28 days of the check being carried. If remedial work is required, this must be completed within 28 days of the inspection, and written confirmation of the work must be provided to the local authority and to the tenant within 28 days of the work being completed.

What about houses in multiple occupation (HMOs)?

The legislation obviously also applies to houses of multiple occupation that house five or more tenants and if you have a licensable property. The Housing Act 2004 has been updated to incorporate the new regulations by including a mandatory condition to only issue an HMO licence on the provision that every electrical installation in the HMO is in proper working order and safe for continued use.

What powers do the local authority have?  

If the local authority asks for the report, it must be given to them seven days after receiving the request. Failure to get an electrical report for landlords can result in your local council imposing a fine of up to £30,000. If they issue you a remedial notice, the checks and any remedial work must be carried out within 28 days. If this is ignored, the council can organise for the work to be carried out and bill the landlord for the costs.

Are all electrical Appliances subject to an EICR?

No – portable electrical appliances aren’t included in an EICR. When you supply electrical appliances to tenants, arranging for PAT testing is a good idea. You should also ensure tenants understand how to operate these appliances safely.

Portable appliance testing (PAT)

If you’re wondering: ‘Is PAT testing a legal requirement for landlords?’ the short answer is ‘no.’ However, it really doesn’t make sense not to. And, after all, landlords have a moral responsibility to make sure tenants don’t get hurt or injured by faulty electrical appliances.

Portable appliances include non-integrated washing machines, fridge freezer, tumble dryers and microwaves. Landlords are not responsible for PAT testing on electrical appliances that the tenant has brought to the property. However, if you are arranging PAT testing anyway, it is probably worthwhile getting them tested at the same time to reduce the chance of damage to the electrical installations or a potential fire.