Electrical Safety in Rental Property

There have been some major changes in UK law that will affect every landlord.
Here are two articles concerning them:-

Electrical Safety in Rental Property

Not so shocking news

The Government have now brought electrical work on a property within the Building Regulations. This means that property owners have to either use approved contractors or get Building Control checks done on wiring work.

Previously, the electrical installation in a property was outside the Regulatory code of Building Regulations. This has changed and has had some impact on repairs to rented property. Normally Building Regulations only affect new work done, with old work not having to be upgraded to new standards. However, with electrical issues the installer will only be able to certify the work if the system is compliant. In practice this may mean that when you ask an electrician to put a new socket further along the wall, he will have to change the consumer unit, wiring or whatever is in that system that is not compliant with the required standard. This is almost certainly going to increase the cost of electrical jobs in the short term.

Electric shocks from the mains installation kill about 10 people a year and seriously injure about 1,300 (as opposed to people killed from an electric shock from an appliance). Faulty electrics are a cause of fires and there are a significant number of additional deaths and injuries caused by the fire, rather than from direct electric shock. Electricity is one of the most common causes of accidents in the home.

Under the new scheme, if a landlord needs to do work on the electrical system then they would have the choice of either employing a contractor who was approved to self assess the work, or paying for the building inspector from the local authority to come and inspect the work. There are currently 8 bodies who have applied for self assessment status, including CORGI, BSI, NIC and FENSA (the glazing self assessment body).

Although some minor work (‘Minor work' is electrical work not involving the addition of a new circuit, such as additional socket-outlets and the replacement of accessories) is exempted from part of the regulations, work in bathrooms and kitchens and some other areas, including fountains in gardens have very limited exemptions. This means kitchen fitters will have to either seek approval or engage approved installers. Likewise landscape gardeners are affected. Even minor work will have to comply with the relevant British Standard document.

Having work or an installation that is not compliant can also lead insurance companies to refuse to make payments if the fire is caused by a relevant electrical fault.

All work must be completed to the current BS7671:2002 standard so the actual standard of work would not change, just the requirement for it to be inspected by either an approved contractor or the Building Inspector.

 Information supplied by LettingZone.com

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Electrical Safety in Rental Property

Summary

If you let property you must ensure that the electrical system and all appliances supplied are safe - failure to comply with the regulations 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 landlords should have periodic checks done by a qualified electrician.

Read the article "Electrical Checks - Why bother?" by Grant Roy MSc MIEE, chartered electrical engineer.

Landlord Guide

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.
• 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.

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
  
• Periodic inspections of electrical equipment by a qualified electrician.
  
• 5 yearly inspections by a qualified 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.

© landlordZONE.co.uk. Information provided here is by definition general in its nature and is not intended as a substitute for specific legal advice - read the site disclaimer notice

Non compliance with the regulations is a criminal offence