Electrical Safety Inspections: Now Mandatory For Rented Properties

It’s been just over one year since the UK government announced that Electrical Installation Condition Reports (EICRs) would become a mandatory requirement for private landlords of rented properties in England.

Following the announcement, a new set of regulations was introduced, called ‘The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020’ which came into effect from the 1^st of July 2020. For private landlords, this meant that EICRs were a non-negotiable for all new tenancies in England. In addition to this, the new regulations will also apply to all existing tenancies in England, and this is due to come into effect as of the 1^st of April 2021.

What do the new regulations mean for existing tenancies?

From the 1^st of April 2021, all rented properties in England are required by law to have an EICR. This essentially means that, for all tenancy agreements that became active before the 1^st of July 2020, landlords have until the 1^st of April 2021 to meet the new regulations.

For private landlords in England, this is certainly not a deadline to be missed. It is the responsibility of all landlords to ensure that their rented England properties have a now-mandatory EICR, regardless of when the tenancy started.

How do the new regulations differ from the rules previously?

Prior to the 1^st of July 2020, EICRs were not a legal requirement for landlords. Although having an electrical safety inspection every five years was recommended, for private lets in England it was not mandatory and thus unenforceable by law.

There was one exception to this rule, however; houses of multiple occupation (HMO’s) were not required to have a valid EICR. The change means that as of April 2021, all rented properties in England must meet the new requirements, regardless of the tenancy type (with some exceptions).

Are there any exceptions to the new rules?

Indeed, there are. Although the new regulations make EICRs mandatory for most tenancy types in England, there are a few exceptions.

At the time of publishing this article, the following tenancy types are exempt from having mandatory EICRs by law:

·      Rented student accommodation

·      A tenancy that warrants occupation for more than 7 years

·      A resident landlord or lodger agreement

·      Healthcare or social housing accommodation such as hostels, care homes and hospices

What’s the reason behind the new regulations?

Many landlords and letting agents throughout England might agree that the introduction of the new regulations is a good thing. One of the main benefits being the protection of tenants and the protection of the property. By having valid periodic inspections, landlords are following the best electrical safety practice to ensure the safety of their properties and tenants.

Private landlords in England should prepare for the looming deadline of the 1^st of April by checking whether their property has a valid EICR carried out by a qualified installer within the last 5 years, and if not, arranging one as soon as possible. If landlords fail to comply, they could face a penalty of up to £30,000.

The new regulations have been designed to protect and benefit both tenants and rented properties, which can surely only be a good thing for the residential lettings industry.