The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require all private landlords in England to have a valid Electrical Installation Condition Report (EICR) for every rental property. The EICR must be carried out by a qualified person, must be renewed at least every 5 years, and must be served on tenants and (on request) on the local authority.
Local authority can impose a �30,000 fine
The local housing authority has a duty to enforce the Electrical Safety Standards Regulations. A remedial notice can be issued for failure to comply; if not remedied, a financial penalty of up to �30,000 per breach can be imposed. There is no cap on the number of penalties.
When is an EICR required?
- All private rented properties in England must have a valid EICR, including HMOs and properties let under periodic assured tenancies
- The EICR must be renewed at least every 5 years, or sooner if the report specifies a shorter period
- If the EICR expires during a tenancy, a new one must be obtained, the obligation is ongoing, not just at the start of the tenancy
- A new EICR is required whenever a new installation or major work is carried out, do not wait for the 5-year renewal if significant electrical work has been done
Who can carry out an EICR?
- The inspection must be carried out by a 'qualified person', defined as a person who is competent to undertake the inspection and testing of electrical installations
- In practice: use an electrician registered with a government-approved scheme (NICEIC, NAPIT, STROMA, or equivalent), they are deemed qualified
- Do not use an unregistered electrician, if the local authority investigates, an EICR from an unqualified person is not compliant
- Keep the EICR contractor's registration number on file, it may be requested by the local authority
Serving the EICR on tenants
- New tenancy: Serve a copy of the EICR before or on the tenancy start date, before the tenant occupies the property
- Existing tenancy: Serve a copy of the current EICR within 28 days of it being obtained
- Tenant request: If an existing tenant requests a copy of the EICR, serve it within 28 days
- Local authority request: Serve a copy within 7 days of the local authority's request
- Retain evidence of service, email with the EICR attached creates a timestamped record; keep proof of postage if served by post
Remediation obligations
- If the EICR identifies items coded C1 (danger present) or C2 (potentially dangerous), remediation is required within 28 days of receiving the report
- A shorter remediation period may be specified in the report, comply with that deadline
- After remediation: obtain written confirmation from a qualified electrician that all required work has been completed; serve this written confirmation on all tenants and the local authority within 28 days
- C3 items (improvement recommended) do not require mandatory remediation, but address them proactively to avoid a future C2 reclassification
- Do not serve the EICR on tenants if C1 or C2 items have not been remediated, serve the EICR and remediation confirmation together once work is complete
Smoke alarms and CO detectors
- A working smoke alarm must be installed on each storey of the property, tested at the start of each tenancy
- A CO detector must be installed in every room with a gas, oil, or solid fuel appliance, tested at the start of each tenancy
- From October 2022: CO detectors are also required in any room with a fixed combustion appliance (excluding gas cookers)
- The landlord is responsible for ensuring alarms are working at the start of the tenancy; the tenant is responsible during the tenancy for testing and reporting faults
- If the tenant reports a faulty alarm, repair or replace it promptly, failure to do so is a breach of the Smoke and CO Alarm Regulations