From the 1st July 2020 all new tenancies in private rented sector are required to have an Electrical Installation Condition Report (EICR). From the 1st April 2021 this requirement extended to all existing tenancies.
Following the inspection and testing the landlord must obtain a report from the person conducting that inspection which gives the results of the inspection and the date of the next inspection;
Supply a copy of that report to each existing tenant of the house within 28 days of the inspection;
Supply a copy of that report to the Council within 7 days of receiving a request in writing for it from that authority;
Retain a copy of that report until the next inspection and supply a copy to the person carrying out the next inspection
Supply a copy of the most recent report to any new tenant of the house before that tenant occupies that house and any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.
If the report indicates that the house requires remedial work to the electrics, the landlord must ensure that recommended investigated or remedial work detailed on the report is carried out by a qualified person. This work must be carried out within 28 days or within the period specified in the report if sooner – starting from the date of the inspection.
The landlord must then obtain written confirmation from the qualified person that this work has been carried out and the electrical safety standards have been met. This confirmation must then be supplied to the tenant and local authorities, along with a copy of the original report within 28 days.
If the landlord fails to undertake an EICR or carry out remedial work detailed in the report, the Council must serve a Remedial Notice within 21 days of determining the failings. The landlord must comply with the notice within 28 days.
If the landlord fails to comply with the remedial notice the Council can serve a further notice to carry out the work in default if permission is given by the tenant.
Recovery of Costs
The Council can recover the costs of the remedial action from the landlord.
Urgent Remedial Costs
If the report states that there are urgent repairs required to the electrics and the private landlord has failed to undertake the repairs the Council can undertake the work in default with the permission of the tenant at any time. A notice must be served on the landlord and occupiers within 7 days of the work in default commencing.
Where the Council are satisfied, beyond reasonable doubt, that a private landlord has breached these regulations they may impose a financial penalty (or more than one penalty in the event of a continuing failure) in respect of the breach. The financial penalty is a maximum of £30,000.
Houses with existing EICR
If a rented house had a valid EICR when the regulations came into force on 1st April 2020, you will not need to carry out a new one until the report expires.
HMO and Selective Licensing
These regulations add the following mandatory conditions to selective and HMO licences:
To ensure that every electrical installation in the house is in proper working order and safe for continued use; and
To supply the authority, on demand, with a declaration by him as to the safety of such installations.
Burnley Council’s Electrical Safety Enforcement Policy (In the Private Rented Sector)
A copy of the Burnley Council Electrical Safety Enforcement policy is available to download below.