Landlords should have a clear understanding of their responsibilities in relation to electrical installations and appliances and the duties and responsibilities placed on a landlord by the following regulations:
• Landlord and Tenant Act 1985;
• Consumer Protection Act 1987;
• Electrical Equipment (Safety) Regulations 1994;
• Building Regulations 2000.
Legislation places obligations on landlords to ensure that all electrical appliances supplied by the landlord are safe at the date of supply.
Landlords’ Duties and Responsibilities
Landlords need to ensure that the electrical installation and all electrical appliances are ‘safe’ with little risk of injury or death to humans, or risk of damage to property. This includes all mains voltage household electric goods supplied by the landlord such as cookers, kettles, toasters, electric blankets, washing machines etc. Any new equipment supplied must also be marked with the appropriate CE marking (Conformité Européene / Declaration of Conformity).
In order to meet these obligations either supply new appliances or get any appliances provided checked by a qualified electrician before the property is let to new tenants. All paperwork regarding the items (i.e. receipts, warranties, records of inspection) should be kept for a minimum period of six years.
One way of helping to achieve safety is to undertake a regular formal inspection of the installation and appliances on an annual basis. The Electrical Safety Council advises that as a minimum, landlords should:
• check the condition of wiring, and check for badly fitted plugs, cracks and chips in casings, charring, burn marks or any other obvious fault or damage;
• check that the correct type and rating of fuses are installed;
• ensure all supplied appliances are checked by a competent person at suitable periods and that any unsafe items are removed from the property. Record details of all electrical appliances, including their condition and fuse rating;
• ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants;
• avoid purchasing second-hand electrical appliances for rented properties that may not be safe; and
• maintain records of all checks carried out.
Although there is no statutory requirement to have annual safety checks on electrical installations as there is with gas, The Institution of Electrical Engineers recommends a formal periodic inspection and test being carried out on the installation at least once every 10 years or on a change of tenancy.
There is, however, a statutory requirement that all HMOs (both licensable and not licensable) must have their mains installation inspected every five years, by a person qualified to undertake such inspection and testing and a certificate provided by that person specifying the results of the test.
It may also be appropriate that where any risk is found to be enhanced, for example where an installation is old or where damage is regularly found, a more frequent inspection regime will be necessary.
Periodic inspection and testing and any necessary remedial work must only be undertaken by someone competent to do such work. On completion, a periodic inspection report, which indicates the installation is satisfactory (or why it is not), should be issued by the person carrying out the work and this should be acted upon and retained by the landlord
Building Regulations Part P
The Regulations relating to electrical installations fall into two categories: existing installations and new work.
New Work
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.
All work that involves adding a new circuit or is to be carried out in bathrooms and kitchens will need to be either carried out by an installer registered with a government-approved competent person scheme or alternatively notified to building control before the work takes place.
Generally, small jobs such as the provision of a socket-outlet or a light switch on an existing circuit will not be notified to the local authority building control.
High-risk areas such as bathrooms, kitchens and outside areas are exceptions. All work that involves adding a new circuit or in bathrooms and kitchens will 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.
More details can be found in ‘Approved Document P’ published by the CLG and in their guidance leaflet Rules for Electrical Safety in the Home.
On completion of any new electrical installation work an ‘Electrical Installation Certificate’ or ‘Minor Works Form’ should be issued by the electrician or installer carrying out the work and this should be retained by the landlord.
Further Guidance
Building regulations are enforced by local authority building control officers and they can be consulted for further information about compliance with these regulations.
For further guidance about electrical safety and the competency of electricians and installers to carry out new work or undertake the formal periodic inspection and test of an existing installation, refer to the information provided on the Electrical Safety Council’s website.
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