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Electricity is an essential part of modern day living and enhances living standards dramatically. It does however have the potential to be lethal, cause injury or damage property.

A landlord must have a clear understanding of his responsibilities in relation to electrical supply and the duties and responsibilities placed on a landlord by regulations, specifically.

Electricity is an essential part of modern day living and enhances living standards dramatically. It does however have the potential to be lethal, cause injury or damage property.

A landlord must have a clear understanding of his responsibilities in relation to electrical supply and the duties and responsibilities placed on a landlord by regulations, specifically.

A landlord must ensure that the fixed electrical installation is ‘safe’ with no unacceptable risk of injury or death, or damage to property. The fixed installation includes the consumer unit, fixed wires, wall sockets, light fittings & switches etc.

A (Domestic) Electrical Installation Certificate will be given initially for new installations or replacement of the consumer unit, or new work associated with a number of circuits worked on.

A landlord must ensure that the fixed electrical installation is ‘safe’ with no unacceptable risk of injury or death, or damage to property. The fixed installation includes the consumer unit, fixed wires, wall sockets, light fittings & switches etc.

A (Domestic) Electrical Installation Certificate will be given initially for new installations or replacement of the consumer unit, or new work associated with a number of circuits worked on.

An Electrical Installation Condition Report (formerly called a Periodic Inspection Report) is given for an inspection on the condition of an existing electrical installation, to identify any deficiencies against the wiring regulations. Codes have changed slightly from Jan 2012: C1=immediate danger; C2=potential danger; C3=requires improvement; there is no longer a Code 4. Also, any limitations to the inspection must now be agreed beforehand, stating the reasons.

A Minor Works Certificate is for an alteration and/or addition to an existing circuit, such as the addition of an extra socket outlet or lighting point.

Whilst, (other than for HMOs, see next section) there is no statutory requirement to have safety checks on electrical installations, the Landlord and Tenant Act 1985 requires the landlord to ensure the electrical installation is safe when the tenancy begins and that it is maintained in a safe condition throughout that tenancy. The best way to establish the safe condition of the electrics is to get an Electrical Installation Condition Report.

Inspections of the fixed installation by a competent person (generally a qualified electrician) to ensure safety and that the electrical system complies with current electrical regulations is required under management regulations for HMOs (whether licensable or not), at intervals of no more than five years.

Inspections of the fixed installation by a competent person (generally a qualified electrician) to ensure safety and that the electrical system complies with current electrical regulations is required under management regulations for HMOs (whether licensable or not), at intervals of no more than five years.

It is regarded as good practice for landlords to adopt a similar approach to other, non HMO lettings. In order that the inspection and associated expense has genuine safety value, it is wise to have a term in the tenancy agreement forbidding any alteration or modification to the fixed installation by the tenant.

During the regular visits, and in particular at change of tenancy, the landlord should check for signs of change, such as dimmer switches replacing standard light switches, new light fittings etc. The chances of the tenant interfering with the installation are reduced if their needs or wishes are discussed prior to the safety inspection.

The design, installation, inspection and testing of electrical installations is controlled under Part P of the Building Regulations which applies to houses and flats and includes gardens and outbuildings such as sheds, garages and greenhouses. Generally small jobs such as the provision of a socket outlet or a light switch on an existing circuit will not need to be notified to the local authority Building Control. High-risk areas such as bathrooms and kitchens are exceptions.

The design, installation, inspection and testing of electrical installations is controlled under Part P of the Building Regulations which applies to houses and flats and includes gardens and outbuildings such as sheds, garages and greenhouses. Generally small jobs such as the provision of a socket outlet or a light switch on an existing circuit will not need to be notified to the local authority Building Control. High-risk areas such as bathrooms and kitchens are exceptions.

Work that involves adding a new circuit or any work in bathrooms and kitchens may need to be either notified to Building Control with a Building Regulations application, or carried out by a competent person who is registered with a Part P Self- Certification Scheme.  A Building Compliance Certificate will be issued.

These requirements changed slightly in 2013 and a new version of the Approved Document Part P published. In essence, the new document:

• reduced the range of electrical installation work that is notifiable.
• enables installers who are not a registered competent person to use a competent person to certify work as an alternative to using building control.

The Document should be checked to clarify the requirements. It can be found on the Government’s Planning Portal website – the link is in the Additional Resources section of this subject

A landlord must ensure that any portable electrical appliance supplied is ‘safe’ with no unacceptable risk of injury or death, or damage to property.

Portable appliances are those that would normally have a plug fitted, and include all mains voltage equipment such as kettles, toasters, washing machines and fridges.

A landlord must ensure that any portable electrical appliance supplied is ‘safe’ with no unacceptable risk of injury or death, or damage to property.

Portable appliances are those that would normally have a plug fitted, and include all mains voltage equipment such as kettles, toasters, washing machines and fridges.

Whilst there is generally no statutory requirement to have safety checks completed on portable electrical appliances, the Landlord and Tenant Act 1985 requires the landlord to ensure that any appliance he has provided, is safe when the tenancy begins and that it is maintained in a safe condition throughout that tenancy.

Licence conditions for some HMOs may require testing of portable appliances, however, and a competent person should carry out this testing. It does not need to be a qualified electrician, but you would need to be able to show that the person was competent – such as having been an a relevant training course and has suitable experience. The commonly heard term, ‘PAT’, stands for Portable Appliance Tester and is the equipment used to test appliances with a plug.

Other electrical appliances may be permanently wired into a socket, such as central heating boiler, cooker, fridge; and are often termed ‘fixed appliances’. These would require an isolation procedure to ensure the cabling is safe to disconnect. A person with sufficient understanding and knowledge of electrical systems should carry out this work – preferably an electrician. They wont usually undertake checks of this equipment during an inspection of the electrical installation, but could be asked to do so, usually at further cost. It is advisable for landlords to at least make a visual check on all these appliances between tenancies for any obvious signs of damage.

A guidance leaflet was issued by the Health and Safety Executive in April 2012 and can be found in the Additional Resources section of this subject.

A landlord can detect or prevent possible defects by simple actions, such as:

Record electrical equipment supplied by the landlord in the inventory.

Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants. In practice, instruction booklets contain much additional information, and are often misplaced by tenants. It is advisable to keep the original for records and future use, supplying tenants with copies of the relevant parts.

A landlord can detect or prevent possible defects by simple actions, such as:

• Record electrical equipment supplied by the landlord in the inventory.
• Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants. In practice, instruction booklets contain much additional information, and are often misplaced by tenants. It is advisable to keep the original for records and future use, supplying tenants with copies of the relevant parts.
• At the commencement of each tenancy and annually thereafter, make a visual inspection of electrical appliances for defects.
• Check for frayed wiring, badly fitted plugs, cracks and chips in casings, charring, burn marks or any other obvious fault.
• Ensure that fuses of the correct type and rating are fitted.
• Maintain records of the checks carried out and fuses fitted for all the appliances supplied.
• Check all appliances purchased carry the CE mark which confirms compliance with relevant European standards. When purchased new, direct from established retail outlets, appliances can be assumed safe without additional checks for the first 12 months.
• Avoid purchasing second-hand electrical appliances for rented properties.
• Remove unsafe items.
• Portable Appliance Testing equipment can be used in addition to the visual checks already described. This equipment generally tests for a satisfactory earth where one is required, and satisfactory insulation. Some electricians offer this service, whilst some landlords find it more convenient to purchase the equipment and be trained to use it themselves. Whilst not competent to make any repair to equipment that fails the test, it is more cost effective with items such as kettles simply to replace with new. (See previous section)

Electrical Safety First is the trading name used by the charity Electrical Safety Council. Electrical Safety First exists to ensure that everyone in the UK understands the importance of electrical safety and that this remains a priority for consumers, trade and government. They became Electrical Safety First in March 2014, following a period of extensive research and consultation, which showed a strong need for the charity to have a consumer facing name and brand that reflects their progressive and campaigning ethos.

Electrical Safety First is the trading name used by the charity Electrical Safety Council. Electrical Safety First exists to ensure that everyone in the UK understands the importance of electrical safety and that this remains a priority for consumers, trade and government. They became Electrical Safety First in March 2014, following a period of extensive research and consultation, which showed a strong need for the charity to have a consumer facing name and brand that reflects their progressive and campaigning ethos.

They consider research has shown that the number of people using electricians not registered with a government-approved scheme has increased and a lot of people don’t know whether the electrician they have used was registered or not. This is particularly dangerous when people use unregistered electricians for more complex jobs.

The Registered Competent Person Electrical Mark has been launched to better protect the public from the dangers of employing unregistered electricians.

All electrical Competent Person Scheme Operators are behind the launch of the mark, with the backing of the Ministry of Housing Communities and Local Government (MHCLG). It will both guarantee that electricians have the skills to carry out the job and that there will be a procedure in place should something go wrong.

The Registered Competent Person Electrical Mark provides an instant visible safety assurance and its accompanying website provides a one-stop-shop for all electricians registered with one of the government-approved electrical competent person schemes.

The organisations behind the new mark have produced a short video showing the dangers of using an unregistered electrician, by calling in a child to fix some dodgy electrics. A link to this video can be found in the Additional Resources section below, along with the website where you can  find a local, registered electrician by entering their postcode or validate an electrician’s credentials by inputting their company name.

To view and share the video:  www.electricalsafetyfirst.org.uk/findanelectrician

Visit www.electricalcompetentperson.co.uk to

Mandatory electrical check requirements have been in force in Scotland since December 2015

The Scottish Government has finalised its guidance on mandatory electrical testing.

Although the term used by the government is “guidance” this is a statutory regulation which came into force from 1st December 2015. All Scottish privately rented property covered by the Repairing Standard is required to comply as below, regardless of tenancy type.

Mandatory electrical check requirements have been in force in Scotland since December 2015

The Scottish Government has finalised its guidance on mandatory electrical testing.

Although the term used by the government is “guidance” this is a statutory regulation which came into force from 1st December 2015. All Scottish privately rented property covered by the Repairing Standard is required to comply as below, regardless of tenancy type.

Landlords will have to have fixed wiring (Electrical Installation Condition Report or EICR) checks carried out at least every five years. This applied from the following dates: –

·         1st December 2015 – for any new tenancies entered into on or after this date (this includes current tenants signing a new lease)

·         1st December 2016 – for existing tenancies

The EICR report must include an appliance check report (a Portable Appliance Test or PAT). PAT checks are required on appliances provided by the landlord, but not those belonging to the tenant.

Anything that is not permanently connected to the electrical installation should be on PAT report. Everything in the property which uses the electrical supply must be on either EICR or PAT, unless it belongs to tenant.

It is advisable to have the checks carried out more frequently than five yearly if recommended by an electrician.

It is a requirement that landlords ensure that the electricians they use are competent. Electricians should be a member of SELECT or NICEIC or be able to complete the checklist in Annex A of the guidance. (websites in Additional Resources section below)

EICRs and PATs carried out from 1st December 2015 must be documented on the forms specified on pages 12 and 14 of the guidance in order to be acceptable under the regulations. In addition, all appliances checked must have test labels placed on them. A copy of the most recent electrical safety inspection reports must be provided to both new or existing tenants.

Enforcement of the electrical testing requirements are the responsibility of the Private Rented Housing Panel (PRHP). The PRHP can issue a “Repairing Standard Enforcement Order” and ultimately a rent penalty for non-compliance, which is a criminal offence.

The Guidance document and websites are in the Additional Resources section below.

The Association of Manufacturers of Domestic Appliances (AMDEA) have launched a campaign to encourage the public to register their appliances, in a drive to improve the traceability of products to facilitate recall for safety repairs. Members are synchronising their online registration pages to provide registration of new products and of existing/installed products up to twelve years old and a change of address facility.

In addition, the site offers advice and safety information and a forum for sharing best practice.

The Association of Manufacturers of Domestic Appliances (AMDEA) have launched a campaign to encourage the public to register their appliances, in a drive to improve the traceability of products to facilitate recall for safety repairs. Members are synchronising their online registration pages to provide registration of new products and of existing/installed products up to twelve years old and a change of address facility.

In addition, the site offers advice and safety information and a forum for sharing best practice.

The scheme is called ‘register my appliance’ and more information can be found at their website – a link is included in the additional Resources section below.