Important information for Landlord's & Letting agent's

 

Legal responsibilities for landlords:

Legislation means that Landlords and Letting Agents have a legal obligation and a duty of care to tenants to ensure that the electrical installation within a property supplied is safe.

What does the legislation mean?
The electrical installation and accessories in a property have to be:
-Certified safe when each new tenancy begins.
-Maintained in a safe condition throughout the tenancy
-Maintained only by ‘competent persons.’
-Fit for purpose and free of defect or the risk of shock.

What should a landlord do?
Landlords should remove the risk of danger to the tenants and their property by:
As a minimum, have an annual electrical safety inspection (i.e. a visual inspection or a full periodic report) Ensure any installation or maintenance works are done by Part P ‘competent persons’.

From the above it is clear that electrical safety in rented property is extremely important and that, in the event of injury or death, both the landlord and Letting Agent could be held liable if they are found to have been negligent. Such breaches can be punishable by substantial fines and/or imprisonment.
An appropriate electrical safety inspection will not only reduce the risk of fire or injury to tenants, but will also mitigate the risk to Landlords and Letting Agents in the event of a claim arising from such an event.

Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 that carries a maximum penalty on summary conviction of a £5000.00 fine and/0r six months imprisonment.

The Consumer Protection Act 1987 applies if a landlord supplies an electrical installation in let accommodation. The property should be checked before it is offered for rent.

The Consumer Protection Act affects all persons who let property in the course of their business because it defines them as suppliers as they supply goods to the tenant. There are several items of secondary legislation under the umbrella of the Consumer Protection Act that are directly relevant to the supply of electrical goods.

These regulations impose a duty on landlords to ensure that all electrical equipment supplied by them is safe for use by the tenant.

The Consumer Protection Act provides a defence of ‘due diligence’ i.e. a landlord can defend a contravention of the Act if he can demonstrate that he took reasonable steps to avoid committing the offence.

In summary, a landlord has duties both as a ‘supplier of goods’ and as the ‘person responsible’ for an electrical installation. As a ‘supplier of goods’ he must ensure that goods are checked before the tenant takes them over and as a ‘person responsible’ he must ensure an adequate system of maintenance.

A regular inspection program is an essential part of any maintenance system. For this reason, and to provide a demonstration of due diligence, Safe At Home recommends an annual safety inspection of all residential lets.

 

Above: An example of an unsafe consumer board.

When do Landlords need to complete an electrical inspection?
Upon first buying a property making sure that it is safe for it's intended use, then between 1-5 years depending on the age of the installation, it is also recommended to have a periodic report done before every new tenancy, this will ensure the landlord and letting agents are fully covered in case an accident does occur.

Who should Landlords employ to carry out electrical checks?
As with almost all safety legislation, the person required to carry out electrical checks must be a competent person. Competency is judged on a combination of training, knowledge and experience. All NICEIC electricians are classed as competent persons.

As from January 1st 2005, any contractors used for electrical work should be approved under Part P of the Building Regulations. The intention of Part P is to bring domestic electrical installation work in England and Wales under the legal framework of the Building Regulations. For the first time it placed a legal requirement for safety upon electrical installation works in dwellings.

Part P places two requirements on landlords and their agents. Part P insists that reasonable provision shall be made in the design, installation, inspection and testing of electrical installations in order to protect persons from fire or injury. Part P also states that sufficient information shall be provided so that persons wishing to operate, maintain or alter an electrical installation can do so with reasonable safety.

Why is Inspecting & Testing  required             

Testing & inspection of installations is necessary as they deteriorate with age. This is due to a number of factors such as damage, wear and tear, corrosion, excessive electrical loading and environmental influences.

It’s easy to take electricity for granted - just flick a switch and the power comes on. But electricity can also be an invisible danger that can cause shocks, severe burns, and death, as well as property damage from fires and explosions.  In some cases, there is no warning of the danger to come. Fortunately, with a proper system of inspecting and testing, you can protect yourself others and your property.

We offer two levels of electrical installation inspection: Periodic Electrical Inspection, Test & Certification Report; and Routine Visual Electrical Inspection

The periodic electrical inspection, test & certification is comprehensive, detailed, and thorough.  It is an industry standard - to BS7671, as required by the Institute of Electrical Engineers (IEE).

The routine visual electrical inspection is an intermediate version of the periodic inspection.  It contains some testing but is not as thorough as the periodic.  Typically it would be used in the intervening years between periodic inspections to monitor for deterioration, or where the fuller periodic inspection was not felt necessary.

 

         Above: A professionally installed consumer unit.