New Legislation 1st JULY 2020

 
29/06/2020

Electrical Installation Condition Reports - EICR's

On 1st July 2020, it will be a legal requirement for all Landlords with new tenancies to have a Landlord Safety Test for the electrics. If its a property that is rented out, an Electrical Condition Report is required. The legislation is "The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020".      

                                                                              

This means Landlords should ensure fixed electrical installations are inspected and tested every five years, by a qualified electrician. The EICR's are created if creating a new tenancy, or renewing an existing tenancy, on or after 1st July 2020, including renewal tenancies that become statutory periodic. All existing tenancies will require an EICR by 1st April 2021. 

 

It should be noted, breaches of these regulations could result in a financial penalty of £30,000.

 

We recommend you have your EICR completed at least 1 month before it’s required. Many properties require remedial work and, as with a gas safety certificate, you cannot move a tenant in until your EICR has a “satisfactory” rating.

 

The EICR has been a requirement for licensed HMO properties and now this brings the requirement into the main stream residential lettings. 

 

Private landlords must provide the latest report to new tenants prior to occupation, or to any prospective tenant, within 28 days of any request.  If a copy is requested by the local housing authority, it must supplied within 7 days.

 

Whilst this seems like a fairly big change in legislation (as electrical inspection was previously discretionary), the reality for most professional landlords and agents in England is that this will have minimal impact due to the condition and age of electrics when renting out property.

 

The MHCLG has consistently communicated that the new regulations are aimed at the 22% of landlords who do not inspect the electrical installations for their property.

 

Clifftons Letting Agents are always on hand to help any of Landlords remain compliant. 

 

What do I need?  

The required certificate is an Electrical Installation Condition Report (EICR). An electrical engineer will check all of the circuits and consumer unit ensuring the property is safe.

 

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords in England to maintain their properties to the electrical safety standards, and to have evidence of this.

 

This means your property must meet the 18th Edition of the Wiring Regulations and you must have a report that shows this from a qualified person.

When do I need to get an EICR?

Any new tenancy, or renewal of an existing one, on or after 1st July 2020, you will require an EICR.

 

Renewals include statutory periodic tenancies created at the end of a fixed term, on or after, this date. If the fixed term tenancy ends and the tenancy becomes statutory periodic (as opposed to contractual periodic), you will need an EICR when it becomes statutory periodic.

 

If you have an existing tenancy in place, regardless of what type of contract you are in (fixed or periodic), from 1st April 2021, all properties must have an EICR.

 

How long does an EICR last for? 

An EICR lasts 5 years.

 

How much does an EICR cost? 

The Electrical Safety Certificate costs £160.00 - £220.00 incl. Vat. To order one, please email: lettings@clifftons.com 

 

Who do you need to give copies of the Electrical Installation Condition Reports EICR too? 

You must give a copy of the EICR to your tenants before their tenancy starts.

 

When you replace the EICR, you must provide your tenants with a copy of the new report within 28 days of the inspection.

 

If your tenant or prospective tenant requests a copy of the EICR in writing, you must also provide them with one within 28 days.

 

If the local authority requests the EICR, you must provide them with a copy of it within 7 days. 

 

I already have one. Do I need to get another one? 

We are looking into this. The wording of the regulations appears to require a property to meet the standards of the 18th Edition of the Wiring Regulations. As this Edition only came into force in 2019, EICRs produced before 2019 are potentially invalid.

 

However, the MHCLG’s communications state, the intent is for existing EICRs to remain valid, with landlords only needing to get a new one at the point they need replace their existing one. Common sense needs to play a part and we are taking this, that Landlords with an existing EICR should be acceptable. However, we are monitoring the situation and further guidance.

 

What happens if there is a breach on the EICR?

Within 28 days of the work or investigation being carried out you must provide the written confirmation as well as a copy of the report to all of the tenants and the local authority.

Where the follow up investigation recommends further work being done, you must repeat the steps above until the property meets the electrical safety standards.

 

 

CLIFFTONS Letting Agents in Bournemouth on Tel: 01202 789699.

 

 

 

 

 
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