Since 2020 (for new tenancies) and 2021 (for existing ones), private landlords in England have had specific duties on electrical safety under regulation 3 of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
What regulation 3 requires
In summary, the landlord must:
- ensure the electrical safety standards are met while the property is occupied under a tenancy;
- have the electrical installation inspected and tested by a qualified person at least every five years (or sooner if the last report says so);
- give a copy of the report to existing tenants within 28 days of the inspection, and to new tenants before they occupy;
- give a copy to the local authority within 7 days if asked;
- carry out any remedial or further investigative work the report requires within 28 days, or sooner if the report says so, and confirm completion to the tenant and the local authority.
Local authorities enforce the regulations and can impose financial penalties.
Common points of dispute
- An inspection that's overdue, or a report never given to the tenant.
- Remedial work identified in the report and not done in time.
- A report with unsatisfactory results treated as if it were satisfactory.
Records to pull
- The current electrical installation condition report (EICR) and the previous one.
- Proof and date each was given to the tenant.
- Remedial work: quotes, invoices, and the confirmation of completion.
Answering it
Deal with the report first: its date, its result, when the tenant received it, and what remedial work it required and when that was done.
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