The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Electrical Regulations)

The new Electrical Safety Standard regulations come into force on 1st June 2020 for all new tenancies and for all existing tenancies from 1st April 2021.

As of this date, you will be required to obtain an Electrical Installation Condition Report (EICR) from a qualified electrical inspector.

Please be aware that a non-response to this notification could be regarded as a failure to take reasonable steps in complying with the regulations and as managing agents; we strongly recommend that you provide us with a response as soon as possible.

Frequently Asked Questions

What do the Regulations mean?

A qualified Electrician will need to carry out a full inspection and testing of the fixed wiring in the property to ensure that electrical safety standards are compliant.

This will include identifying any remedial work, which will need to be undertaken.

If the electrical installation is safe and does not require any remedial action, then no further action will be required until such time that the EICR expires.

Remedial works on occupied properties must be undertaken as soon as possible. Remedial works on vacant properties must be undertaken prior to the activation of a new lease.

Provision of the report to tenants will be required prior to the commencement of their new or renewed tenancy.

As managing agents, we will also require a copy of the EICR as the Local Authority can request a copy of the report and proof of all works carried out. Fulfilment of any request by the Local Authority must be within 7 days.

How will this legislation affect my property from 1st June 2020?

The new Electrical Regulations will apply to a property:

  • Available for let as from 01st June 2020  as a new tenancy

  • Where there is an existing tenant and, after the 01st June 2020, you agree to them remaining following the expiry of a fixed term and you agree a further fixed term tenancy (renewal)

  • If you have an existing tenant and, after the 01st of June 2020 you agree to them remaining on a periodic tenancy following the expiry of a fixed term (the tenancy becomes a Statutory Periodic Tenancy)

The Electrical Installation Condition Report (EICR) and any remedial works information must be provided to the tenant before move in, to tenants when they are renewing their fixed term tenancy, or where their tenancy is continuing on a statutory period basis (as the case may be).

Where you use our fully managed service we will contact you prior to the scheduled end date of the current tenancy to discuss your requirements in relation to the an Electrical Installation Condition Report (EICR).

How will this affect my property if I have a long-term fixed term tenancy or an existing Statutory Periodic Tenancy?

The Electrical Regulations will apply to all tenancies from 1st April 2021.

For all long-term fixed tenancies, or long-term continuing periodic tenancies, the Electrical Installation Condition Report (EICR) will need to be arranged with effect from 1st April 2021.

How will this affect my Aviva Rent Protection Policy?

Please be aware that the Aviva Rent Protection Policy may be invalidated if you do not obtain a satisfactory Electrical Installation Condition Report (EICR) as required.

What happens if there is already a current Electrical Installation Condition Report (EICR) on my property?

If you already have an existing Electrical Installation Condition Report (EICR) at the necessary standard, then no further action should be required until the point of expiry of the current certificate. If your property develops an electrical fault in the meantime then the electrician may re-assess the electrics to current standards as part of attending to any fault.

The Electrical Installation Condition Report (EICR) is usually valid for up to five years (or sooner as specified on the report).

Landlords that already have an Electrical Installation Condition Report (EICR) should send this as soon as possible to regulatory compliance and may also be required for insurance purposes.

What are the categories included on an Electrical Installation Condition Report (EICR)?

The Electrical Installation Condition Report (EICR) will show whether the electrical installation is in a Satisfactory or Unsatisfactory condition and will detail a list of observations affecting the safety or requiring improvements.

These observations will be supported by codes.

C1: Immediate Danger – There is danger present, risk of injury and immediate remedial action is required

C2: Potentially Dangerous - Urgent remedial action is required

C3: Non-Compliance – Improvement recommended

Under Amendment 3 there is also a Code for:

FI : Which stands for ‘Further Investigation’ is required – Where there is a fault or unknown circuit that may require further investigation within 28 days.

Who will be enforcing the new legislation?

The local Council authority will enforce the legislation. They will have the legal power to enforce any remedial works.

If the local authority has reason to believe that urgent remedial action is needed, they can serve the Remedial Action Notice on the landlord and to all the occupiers of the property. The local authority can apply a financial penalty for serious breaches of up to £30,000.

Who is able to provide an Electrical Installation Condition Report (EICR)?

Any Electrical Inspector you employ to undertake the electrical inspection and testing within your property must have:

  • Adequate Insurance of at least £2 million public liability insurance and £250,000 professional indemnity insurance

  • A qualification covering the current version of the wiring regulations (BS 7671)

  • A qualification covering the periodic inspection, testing and certification of electrical installations

  • At least two years’ experience in carrying out periodic inspection and testing

How long will it take an inspector to test a property?

This will depend on the size of the property and the number of circuits that require testing but most reports will take 2-4 hours. 

Is an inspector allowed to enter my property during the current pandemic?

An inspector is permitted into your property by following current government guidelines and social distancing. Your Move has engaged with its contractors to ensure they have adopted appropriate COVID Secure risk management procedures.

What if my tenant refuses access for an inspector during the current COVID-19 pandemic?

Government guidance to landlords during the pandemic has confirmed that landlords will be deemed to be complying with their responsibilities provided all reasonable steps have been taken to comply with the legislation and as such, we will keep work streams, copies of all communication and complete notes on your file in such scenarios where your tenant is unable to provide entry.

How can we help?

We anticipate that there will be a high demand from our clients for electricians to complete these works and recommend that you act now to ensure that you are prepared to meet the requirements of the Electrical Regulations as they apply to your property and tenancy. Any delays may mean works cannot be pre-booked and tasks completed in time.

Our services are summarised as follows:

For landlords on our Fully Managed service:

  • We will arrange for an Electrical Installation Condition Report (EICR) from a compliant and qualified electrical inspector

  • We will make contact with your tenant on your behalf to explain the legal
    requirements and to arrange a convenient time for the contractor to attend

  • We will consult with you regarding the report and any required remedial works

  • We will support you in meeting your obligations to comply

For landlords on our Rent Collection service:
Whilst our service agreement does not include the management of the report and/or any required remedial works, we are able to arrange for an Electrical Installation Condition Report (EICR) from a compliant and qualified electrical inspector.

What is the cost of the Electrical Installation Condition Report?

The cost of an Electrical Installation Condition Report (EICR) can vary. Please contact your local branch to get an accurate cost.