England (SI 2020/312), EICR requirements, observation codes and supply obligations
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312) require landlords of residential tenancies in England (ASTs; company lets; student tenancies, excluding lodgers with resident landlords; social housing; long leases of 7+ years) to: have the fixed electrical installation inspected and tested at least every 5 years by a qualified and competent person (NICEIC-registered; ELECSA-registered; NAPIT-registered); obtain an EICR; carry out remedial works within 28 days where the report is unsatisfactory; supply the EICR to the new tenant before or at the start of a tenancy; to existing tenants within 28 days of a written request; to the LHA within 7 days of a written request; retain the EICR and supply a copy to the next inspector. Observation codes: C1 (danger present; immediate action; report unsatisfactory); C2 (potentially dangerous; remedial action required; report unsatisfactory); C3 (improvement recommended; NOT mandatory; does not make report unsatisfactory); FI (further investigation without delay; report unsatisfactory until resolved). Civil penalty for breach: up to £30,000 per breach.
Scotland and Wales, EICR obligations
Scotland, Repairing Standard (Housing (Scotland) Act 2006 ss.13-18): the Repairing Standard requires the electrical installation to be in reasonable repair and proper working order, with an electrical inspection (EICR) at least every 5 years. This has been part of the Repairing Standard since 1 December 2015 for new tenancies and 1 December 2016 for all tenancies (Housing (Scotland) Act 2014 s.22); 1 March 2022 was the deadline for interlinked smoke and heat alarms, not the first EICR. A tenant can refer a failure to comply to the First-tier Tribunal (Housing and Property Chamber) as a breach of the Repairing Standard. Wales, Renting Homes (Wales) Act 2016 and the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022: electrical condition reports at least every 5 years, applying from 1 December 2022 for new occupation contracts and by 1 December 2023 for converted contracts; supply and remedial works obligations broadly mirror SI 2020/312 (England) requirements.