There are around 30 deaths and 4,000 accidents annually in the UK involving electrics, so do not think it cannot happen in your property or properties.
If you let property in England & Wales you must ensure that electrical equipment and the electrical system are safe.
There is currently no statutory requirement to have annual safety checks on electrical equipment, as there is with gas, but it advisable to do so as you can still be liable if things go wrong. It is an electrical regulation under the 17th IEE Wiring Regulations BS7671 that all domestic properties have an Electrical Installation Condition Report (EICR) carried out and the maximum allocation of this certificate is for a 10 year period, depending on the use of the building i.e. a rental property is every 5 years. This test is also recommended at the time of change of occupancy.
You should also ensure that tenants are given copies of operating and safety instructions for all the equipment within the premises and you should carry out regular checks.
Apart from the Landlord’s Common Law duty of care, the Landlord & Tenant Act 1985 (other statutory regulations see below) requires that the electrical equipment is safe at the start of each tenancy and maintained in a safe condition throughout the duration of such tenancy.
Electrical hazards are also covered by the Housing Health and Safety Rating System under the Housing Act 2004.
In the case of commercial property and houses in multiple occupancy there is a statutory duty under the Regulatory Reform Fire Safety Order 2005 for the responsible person (the owner or the property manager) to carry out annual Fire Safety Risk Assessments, which also includes electrical safety risks.
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:
These regulations are enforced by the Health & Safety Executive.
It is important to ensure 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. It should be noted that any electrical fittings or appliances within your rental property that cause harm to a tenant could result in you being held liable.
Manage your property well and the risks to you as landlord or agent are minimal, but manage it badly and your risks are high.
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.
Ideally, ensure that the electrical system complies with the latest wiring regulations.
If you are in any doubt about the wiring or the safety of any appliances consult a qualified electrician.
There is no statutory obligation on landlords or agents to have professional checks carried out on the electrical system or appliances. However, under Common Law and various statutory regulations: The Landlord and Tenant Act 1985, The Housing Act 2004, The Electrical Equipment (Safety) Regulations 1994, and 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 made it a requirement that for certain types of electrical work in dwellings and exterior electrics must comply with the standards. This means a competent electrician must carry out the work. For some electrical work you must belong to one of the Government’s approved Competent Person Self-Certification Schemes or DIY work you need to submit a building notice to the local authority before doing the work.
We 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:
NB: Keep all records of these inspections.
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 may well be exempt from liability.
R.S. Electrical Services
Red Lion Yard
Odd Down
Bath
Somerset
BA2 2PP
VAT no: 790990875
NICEIC Enrolment no: 043143
All rights reserved. Created by Dentons Digital