Landlords - A Guide To Electrical Safety LINK: Landlords Guide Electrical Safety.pdf
Landlords the answer to the million dollar question - "Is there a legal requirement for a landlord to have a certificate for the fixed electrical installation within a property intended for the rental market?"
The answer is simple, unlike with gas regulations which are clear and concise, nowhere in legislation does it state that you, as a landlord, must have a certificate to state that you are providing a safe electrical installation. However............legislation does state "that you as a landlord, must ensure that you are providing a safe electrical installation".........so the million dollar question should perhaps read as follows - "How do I, as a landlord, prove that I am supplying a property with a safe electrical installation?"
The answer to this question should be thought about very seriously......and we at G & P Electrical Services believe that the only way to prove that a safe electrical installation is being supplied to have an electrical safety inspection (Periodic Inspection) carried out by a qualified and competent electrician at regular intervals.
"How do you prove that you used a qualified and competent electrician?" - easy.......employ the services of an electrican or electrical company that is approved by either the NICEIC or other regulatory body as approved by the Electrical Safety Council.
"What is to be considered as regular intervals?" - The Institution of Electrical Engineers give the recommendation of a maximum period between testing of 5 years for residential accomodation. However................this period may be subject to reduction depending on, but not limited to, the following;
The age of the installation
Level of misuse of the installation (eg vandalism, unauthorised DIY)
Changed useage of the premises
The extent of any wear and tear, damage or other deterioration
If you let property you must ensure that the electrical system and all appliances supplied are safe - failure to comply with the Electrical Equipment (Safety) Regulations 1994 and the The Consumer Protection Act 1987 is a criminal offence and may result in:
A fine of £5,000 per item not complying
Six month's imprisonment
Possible manslaughter charges in the even of deaths
The Tenant may also sue you for civil damages
Your property insurance may be invalidated
These regulations are enforced by the Health & Safety Executive.
There is no statutory requirement to have annual safety checks on electrical equipment as there is with gas, but it is advisable for landlords to have periodic checks done by a qualified electrician.
It is important to insure that all electrical appliances and fittings within the property are safe and in good working order. Unlike gas regulations, there is no law that says you must have a landlord electrical safety certificate. But, should any electrical fittings or appliances within your rental property cause harm to a tenant you could be held liable. The tenant could sue you for damages and or worse you may be brought before a court for negligence under the regulations.
You are advised to make visual inspections yourself as landlord or agent in residential properties (record on a safety checklist) and have periodic checks carried out by a qualified electrician.
Keep supplied appliances to a minimum.
Make sure appliances supplied are complete and in working order - keep purchase receipts.
Pay particular attention to second hand equipment - always have these items checked.
Ensure that operating instructions and safety warning notices are supplied with the appliances.
Ensure that flexes are in good order and properly attached to appliances and plugs.
Ensure that earth tags are in place.
Ensure that plugs are of an approved type with sleeved live and neutral pins.
Ensure that plugs and sockets conform to BS1363 or BS1363/A for heavy duty uses.
Ensure that all fuses are of the correct type and rating.
Make sure that tenants know the location of and have access to the main consumer unit, fuses and isolator switch.
Make a note of all fuse ratings on the inventory.
If you are in any doubt about the wiring or the safety of any appliances consult a qualified electrician.
Regulations
There is no statutory obligation on landlords or agents to have professional checks carried out on the electrical system or appliances. However, under the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987, there is an obligation to ensure that all electrical equipment is safe.
In January 2005 new legislation under Part P of the Building Regulations make it a requirement that for certain types of electrical work in dwellings, plus garages, sheds, greenhouses and outbuilding comply with the standards. This means a competent electrician must carry out the work. For DIY electrical work you must belong to one of the Government's approved Competent Person Self-Certification schemes or submit a building notice to the local authority before doing the work. Our page on Part P goes into this requirement in further detail.
Compliance
We would strongly recommend that any Landlord, regardless of whether they see themselves as running a business or not, should make absolutely sure they are complying with these regulations to ensure that all electrical equipment supplied is safe.
In order to do this we recommend:
Annual visual inspections by the landlord or agent - recording this on a safety checklist,
Inspections on tenant change-overs, recording electrical equipment, its condition and fuses fitted - see PAT Testing
3 - 5 yearly inspections by a registered electrician to ensure safety and that the electrical system complies with current electrical regulations.
Keep all records of these inspections.
Due Diligence
In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.
A private owner letting a single dwelling (not in the course of business) may have a defence, whereas an agent acting on his behalf will not. However, an agent merely introducing a tenant and not becoming involved in the inventory or management of the tenancy my well be exempt from liability.