what are the eicr rules for landlords

What Are the EICR Rules for Landlords in the UK?


Discover your responsibilities as a landlord when it comes to electrical safety to protect both your property and tenants.

For landlords with properties in England and Scotland or a new occupation contract in Wales, conducting an Electrical Installation Condition Report (EICR) is a mandatory step before renting your premises.

This report involves a thorough examination of the electrical wiring, sockets, consumer units (fuse boxes), and other fixed electrical parts within your property.

As usual, it’s necessary to enlist the services of a qualified individual to complete any electrical safety checks at the property.

  1. What are the EICR rules in England?
  2. What are the EICR rules in Scotland?
  3. What are the EICR rules in Wales?

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What are the EICR rules in England?

Starting from April 1, 2021, every tenancy in England requires a valid EICR. Landlords must supply tenants with a copy of a valid EICR at the beginning of the tenancy; upon issuing a new contract (incl. renewals); and upon request from any tenant, within 28 days of receiving a written request.

A valid EICR must include:

  • The outcomes of the inspection and test, categorised as either satisfactory or unsatisfactory
  • If applicable, a list of observations requiring remedial work or further investigation
  • The deadline for the next inspection and test

Once completed, the EICR remains valid for up to five years. After this period, you are required to renew the report, ensuring that within 28 days, a copy of the new certificate is provided to any existing tenants.

Book your EICR or PAT with us today and rest easy knowing that you have fulfilled your duty in ensuring the safety of your property.

Is there a fine for not having an EICR?

Landlords who neglect to carry out an EICR (along with any suggested work) prior to the start of a new tenancy may face a fine of up to £30,000.

The enforcement of these regulations falls under the jurisdiction of local authorities, as outlined in the Housing Act 2004.

Local authorities can also arrange remedial action if you don’t proceed with the recommended repairs and improvements outlined in the report.

After receiving a notice of remedial action, landlords are granted a 28-day period to complete the required work. In urgent cases, a shorter timeframe may be stipulated.


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What if my property fails the electrical inspection?

If the report indicates that remedial work is needed for the property’s safety, landlords must enlist a qualified and competent professional to handle the job within 28 days, or sooner if the report flags anything as urgent.

The qualified person must then provide the landlord with written confirmation either that the property now meets safety standards, or that further work is required.

Make sure to share this written confirmation with each tenant within 28 days of the initial work, along with a copy of the original inspection report.

Also, remember to forward the same set of documents to the local housing authority within 28 days of completing the additional work.

What are the EICR rules in Scotland?

Again, similar regulations have been in place in Scotland since December 1, 2015. According to the Housing (Scotland) Act 2006, landlords are required to enlist a ‘qualified and competent’ individual for regular electrical safety inspections at their properties.

An individual is typically considered qualified and competent if they are registered with the National Inspection Council for Electrical Installation Contracting (NICEIC) or are a member of the Electrical Contractors’ Association of Scotland (SELECT).

In Scotland, electrical safety inspections have two separate elements: an EICR assessing the safety of electrical installations, fixtures, and fittings, and a Portable Appliance Test (PAT) focusing on portable appliances.

Make sure your tenants and property are fully protected by booking your electrical safety inspection today.

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What are the EICR rules in Wales?

Since the introduction of the Renting Homes (Wales) Act 2016 on December 1, 2022, similar regulations also apply to new occupation contracts (i.e., tenancies) in Wales. This is part of the new Fitness for Human Habitation Rules.

In Wales, landlords must have a ‘periodic inspection and testing’ (PIT) carried out at their property at least once every five years. Once completed, an electrician will issue an EICR highlighting any issues that require attention.

Landlords must then provide contract-holders (tenants) with a copy of the EICR within 14 days (previously seven) from the occupation date (tenancy start date).

If you don’t have the property properly inspected every five years, then the dwelling will be deemed ‘unfit for human habitation’.

In the event of a failed inspection report, you’ll need to arrange for any recommended remedial works to be carried out on the property or organise further investigation. Then, within 14 days, you will need to provide the contract holder with written confirmation of any remedial works or additional investigations carried out.

For tenancies that began before December 1, 2022, these requirements won’t apply until December 2023.


Notable Replies

  1. Avatar for Sam Sam says:

    Hi Hannah, from what I’ve read, I can’t see any exemptions for your situation in the statutory instrument that is being used to bring about this change in the law.

    http://www.legislation.gov.uk/ukdsi/2020/9780111191934

    So it sounds like you will need an EICR if starting a new tenancy agreement from 1st July 2020.

    Sam

  2. Hi, do you know if renewal of the contract is treated as “new specified tenancy” or existing?

  3. Hi Sam, it’s ironic that a property built in 2018 has a new build electrical installation certificate yet I have to pay again to have a landlord certificate!
    Hannah

  4. Avatar for Sam Sam says:

    Hi Hannah, yes it is certainly frustrating for landlords.

    One thing I would say is that the government published a report on new-build quality in 2019 and found serious issues. Therefore, to let new builds off the new standards would be to fail to learn from that report.

    You can read it here if of interest.

    New-build housing: construction defects - issues and solutions (England)

    Sam

  5. Avatar for Sam Sam says:

    Hi Agnes, a renewal would be a new tenancy, because it forms a new tenancy agreement between all parties.

    Sam

Continue the discussion at community.openrent.co.uk

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This article is not intended to form legal or investment advice. Investments in property are not guaranteed and can decrease in value as well as increase.

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