I already had it in mind today to write about electrical safety tests when the Labour Party announced their plans to review lettings legislation if they win the General Election this December. As it is, Tenant Electrical Safety has been on the minds of the Conservative Party since Teresa May was Prime Minister so, either way, changes to electrical safety tests on tenanted properties are very likely to be imminently implemented in 2020 and now is good time for you, as a landlord, to carry out a review of your rental property/properties, yourself.
The story so far…
In 2018 the Ministry of Housing & Communities carried out a consultation on many aspects of the private rental sector. One of those aspects was tenant fees, specifically banning them, which came into legislation earlier this year. Other aspects haven’t moved so quickly and one of those is electrical safety. In the wake of Grenfell, there has been consensus that whilst gas safety is strictly regimented, electrical safety legislation is less stringent and required reviewing. The consultation recommended:
1. Five yearly mandatory electrical installation checks on tenanted properties.
2. Visual checks of the safety of the electrical installation by landlords at a change of tenancy should be encouraged as good practice and set out in guidance.
3. A report should be issued to the landlord which confirms that an EICR (Electrical Inspection & Condition Report) has been completed along with confirmation that any remedial work necessary has been undertaken satisfactorily. A copy should be issued to the tenant at the beginning of the tenancy and should be made available to local authorities on request.
4. Landlord supplied electrical appliance testing and visual checks of electrical appliances by landlords at a change of tenancy should be encouraged as good practice and set out in guidance.
5. The installation of Residual Current Devices (RCDs) by landlords should be encouraged as good practice and set out in guidance.
6. A PRS electrical testing competent person scheme should be set up which would be separate from the existing Building Regulations competent person scheme.
7. DCLG should commission the Electrotechnical Assessment Specification (EAS) management committee to consider the most effective method of assessing ‘competent PRS testers’ to carry out electrical inspections and tests.
8. Legislative requirements should be phased in, beginning with new tenancies, followed by all existing tenancies.
What is an EICR?
An Electrical Installation Condition Report is a report produced following an assessment of the electrical installation within a property. It must be carried out by an experienced qualified electrician or approved contractor. Usually this means they will have taken a course covering periodic inspection and testing and be registered with an approved scheme provider such as the NICEIC, plus have a good working knowledge and experience of electrical installations. Legislation came in 2006 that electrical work must be carried out in domestic properties by a qualified electrician, however, up until this point anyone could carry out electrical work in the home. This makes electrical tests on older properties imperative, however, as many properties have updated electrics since 2006 and, like any materials, substances (such as cable sleeving) can deteriorate or be damaged, having regular electrical safety checks, to keep tenants safe, makes sense.
What is PAT Testing?
Portable appliance testing (PAT) is the term used to describe the examination of electrical appliances and equipment to ensure they are safe to use. Most electrical safety defects can be found by visual examination, but some types of defect can only be found by testing. However, it is essential to understand that visual examination is an essential part of the process because some types of electrical safety defect can’t be detected by testing alone. We recommend PAT testing on an annual basis or at tenancy changes, whichever is the shorter period.
What should I be doing now?
The Government released their findings of the consultation in January 2019 and said they would give landlords and letting agents six months to get themselves familiar with the recommendations prior to implementing legislation later this year. Obviously, in the current political climate, this hasn’t happened, and landlords have been left in limbo. It is, however, quite likely that whoever wins the General Election, legislation surrounding this issue is imminent. We would therefore recommend:
- As a minimum, arrange an visual inspection of your rental property as soon as possible, with your tenant in-situ. An approved contractor should be able to provide you with a written report and a quotation for any remedial works relating to their findings which you can instruct and ensure the property is imminently safe. At the same time, if you provide any electrical appliances, have these PAT tested too and request a certificate.
- OR, arrange an EICR. If you do not want to disturb your tenants too much, you could opt to carry out a visual inspection then, at the next tenancy change, instruct an EICR.
We will, of course, keep you updated as this legislation progresses through the Houses of Parliament. In the meantime, if this matter concerns you, we can assist you in arranging a visual inspection or EICR with an approved electrician. Alternatively, if you’re in Gloucester or surrounding areas and looking to let your rental property, please don’t hesitate to contact us 01452 310999, email us at gloucester@surepropertygroup.com or call into our offices in Worcester Street, Gloucester, to discuss your needs further.
I look forward to hearing from you.
Best wishes,
Jemma Carenza
Director
Sure Sales & Lettings