Electrical Safety for Landlords in England: A Practical Guide

If you let a home in Blackpool, the Fylde, Preston or Wyre, you have legal duties about electrical safety, and some of them carry penalties if they are ignored. This guide sets out the main ones for private landlords in England in plain language. It is general information, not legal advice. If you are unsure how the rules apply to your tenancy, speak to your local authority, a landlord association or a solicitor.

The guide covers England only. Scotland, Wales and Northern Ireland have their own rules.

The main duty: regular electrical inspections

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, also known as SI 2020/312, require private landlords to make sure that the electrical installation in their rented properties is inspected and tested by a qualified person. The regulations came into force on 1 June 2020. They applied to new specified tenancies from 1 July 2020 and to existing tenancies from 1 April 2021.

Under the regulations a landlord must:

• ensure the electrical installation is inspected and tested at intervals of no more than five years, or sooner if the previous report requires it;
• make sure the inspection is carried out by a person who is competent to do it;
• obtain a written report that sets out the results and the date of the next inspection;
• supply a copy of the report to existing tenants within 28 days, and to a new tenant before they occupy the property;
• supply the report to a prospective tenant within 28 days of a written request, and to the local housing authority within 7 days of a written request;
• have any required remedial or further investigative work completed within 28 days of the inspection, or sooner if the report says so;
• supply written confirmation of completed work to the tenant and the local authority within 28 days of completion.

For more detail on what the inspection involves and what the codes mean, read our EICR guide.

What counts as a qualified person

The regulations say the inspection must be done by someone competent to carry out the inspection and testing, and to carry out any investigation or remedial work that is needed. They do not name a specific qualification. In practice, landlords choose an electrician who is registered with a recognised competent person scheme and who has relevant inspection and testing experience, and who carries insurance. Our guide to choosing a registered electrician lists the checks to make. Keep a note of who carried out the inspection and what qualifications they hold, because the local authority may ask.

The codes and what you must fix

The report records observations with the codes C1, C2, C3 and FI. If any C1 or C2 observation is recorded, or an FI is noted, the installation is not satisfactory until the problem is resolved or investigated. NICEIC explains that a C3 on its own does not make the report unsatisfactory.

In practice, a landlord should:

1. read the report as soon as it arrives, and talk to the electrician about anything that is unclear;
2. arrange for the C1, C2 and FI items to be dealt with within the 28 day period, or the shorter period given in the report;
3. obtain written confirmation that the work has been completed, which could be a new certificate or a written statement from the electrician;
4. send the confirmation to the tenant and the local authority within 28 days of completion;
5. decide when to deal with any C3 items.

The 28 day period can be tight if parts are needed or access is difficult, so start early and keep records of your attempts to arrange access.

Enforcement

Local housing authorities enforce the regulations. If a landlord fails to comply, the authority can arrange for remedial work and can impose a financial penalty, and they can recover costs from the landlord. The exact amounts and procedures are set out in the regulations and in the government guidance for landlords, which you can read on GOV.UK. A landlord who ignores a problem also risks the tenant being harmed, and has a risk of difficulty with insurance.

Smoke and carbon monoxide alarms

Separate regulations, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, apply to rented homes. As amended, in summary:

• a smoke alarm must be fitted on every storey of the property that is used as living accommodation;
• a carbon monoxide alarm must be fitted in any room that has a fixed combustion appliance, such as a gas boiler or a solid fuel stove, with gas cookers excluded;
• the landlord must check that each alarm is working on the first day of each new tenancy.

After that, tenants are generally responsible for testing and replacing batteries during the tenancy, although landlords should repair or replace any alarm that is reported as faulty. Read the GOV.UK explanatory booklet for landlords for the full detail. Our smoke and heat alarm guide explains the types of alarm and what the building regulations expect for new work.

Other electrical duties

Safe appliances. If you supply appliances such as a cooker, fridge or washing machine, they must be safe. There is no specific legal requirement for annual portable appliance testing (PAT) in a home, but it is good practice to check items before each tenancy and to keep a record of what was supplied.

Fitness for habitation. Electrical hazards are one of the hazards that local authorities assess under the Housing Health and Safety Rating System. A property with dangerous wiring can be classed as a serious hazard, which can lead to enforcement action.

New or altered electrics. If you carry out work, such as a new consumer unit or a new circuit, it may be notifiable under Part P. See our Part P guide and keep the certificates.

Emergency repairs. Tenants should know how to report an electrical fault and who to call out of hours. For urgent problems in our area, you can use our emergency electrical repairs service.

Keeping records

Good records make compliance much easier to prove. Keep:

• every EICR and the date of the next inspection;
• certificates for any remedial or new work;
• the dates on which you gave copies to tenants and, if asked, the local authority;
• records of alarm checks at the start of each tenancy;
• details of the electrician who carried out the work and their registration.

A simple spreadsheet or a folder per property is enough, but set reminders for the next inspection a few months ahead so you have time to book.

Managing a portfolio

If you have several properties, spread the inspection dates through the year rather than letting them all fall due at once. Ask your electrician to inspect empty properties between tenancies, where access is easiest. If you use a letting agent, check in writing who is responsible for arranging inspections and keeping records, as the legal duty stays with the landlord.

Talk to us

We carry out inspections and remedial work for landlords across Blackpool and the Fylde. You can read about our EICR service and our domestic electrical work, then call 01253 364101 or send an enquiry through the website.