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