There is a lot of misinformation in the press and online chatter about what landlords now have to do to ensure the electrical safety of their building.
So let’s look at the actual law as it stands: The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 link https://www.legislation.gov.uk/uksi/2020/312/contents/made
First when does/did it come into force? The Regulations came into force on 1st June 2020 for all new specified tenancies from 1st July 2020 and all existing specified tenancies from 1st April 2021. (A specified tenancy means a tenancy of residential premises grants one or more persons the right to occupy all or part of the premises as their only or main residence and provides for payment of rent (whether or not a market rent).
Secondly what does it cover? Electrical safety standards” meaning the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018(3).
The reason that the Law specifies a particular issue of the Wiring Regulations is that they keep changing. For example years ago all terminations for wall sockets were in metal boxes – due to possible short circuits, the metal boxes were replaced by plastic boxes. But then it was discovered that overloaded circuits could cause the plastic boxes to melt, which was worse than the metal box, so now we are back to metal boxes.
A similar situation occurred with Consumer units, and as of the eighteenth edition of the Wiring Regulations, all consumer units now require metal cases. Most privately rented properties will have out of date consumer units need replacing to comply with the legislation.
Work must be undertaken by a qualified person. A qualified person” means a person competent to undertake the inspection and testing required and any further investigative or remedial work in accordance with the electrical safety standards.
Landlord Legal Responsibilities
And here is the landlord responsibilities direct from the Act:
3.—(1) A private landlord(1) who grants or intends to grant a specified tenancy must—
(a)ensure that the electrical safety standards are met during any period when the residential premises(2) are occupied under a specified tenancy;
(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and
(c)ensure the first inspection and testing is carried out—
(i)before the tenancy commences in relation to a new specified tenancy; or
(ii)by 1st April 2021 in relation to an existing specified tenancy.
(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—
(a)at intervals of no more than 5 years; or
(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.
(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—
(a)obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;
(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;
(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;
(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and
(e)supply a copy of the most recent report to—
(i)any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and
(ii)any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.
(4) Where a report under sub-paragraph (3)(a) indicates that a private landlord is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the private landlord to undertake further investigative or remedial work, the private landlord must ensure that further investigative or remedial work is carried out by a qualified person within—
(a)28 days; or
(b)the period specified in the report if less than 28 days,
starting with the date of the inspection and testing.
(5) Where paragraph (4) applies, a private landlord must—
(a)obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that—
(i)the electrical safety standards are met; or
(ii)further investigative or remedial work is required;
(b)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to each existing tenant of the residential premises within 28 days of completion of the further investigative or remedial work; and
(c)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to the local housing authority within 28 days of completion of the further investigative or remedial work.
(6) Where further investigative work is carried out in accordance with paragraph (4) and the outcome of that further investigative work is that further investigative or remedial work is required, the private landlord must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.
(7) For the purposes of sub-paragraph (3)(e)(ii) a person is a prospective tenant in relation to residential premises if that person—
(a)requests any information about the premises from the prospective landlord for the purpose of deciding whether to rent those premises;
(b)makes a request to view the premises for the purpose of deciding whether to rent those premises; or
(c)makes an offer, whether oral or written, to rent those premises.