Electrical Testing For Landlords

[ajheis]

Hi..could somebody clear up an issue regarding Electrical Testing and Certification for Rented Properties?. I keep hearing conflicting reports from Landlords Agents that some say they are required by Law and others say they're not. Without going into the for and against at this point could anybody clarify the point?

Many Thanks..

Tony

 

[M107]

So far as I'm aware there is no law stating the electrical installation of a rental property has to be tested..................there is however a legal responsibility on the landlord to ensure the electrical installation is properly maintained & safe to use, so in court it could be argued an EICR every 5 years or at change of tenant goes some way to ensuring the installation is safe.

Check out the ESC site.

http://www.esc.org.uk/public/guides-and-advice/renting-a-property/

 

[SPECIAL LOCATION]

Hi..could somebody clear up an issue regarding Electrical Testing and Certification for Rented Properties?. I keep hearing conflicting reports from Landlords Agents that some say they are required by Law and others say they're not. Without going into the for and against at this point could anybody clarify the point?

Many Thanks..

Tony

Rented is too open a definition for a single answer.

Single tenant rented property answer = NO

Houses of multiple occupancy answer = YES.

From ESC website:-

If you own a House in Multiple Occupation (HMO), you have a legal obligation to have a periodic inspection carried out on your property every five years. If your property is not an HMO, you are not legally obliged to get your installation inspected and tested on a periodic basis. However, the ESC recommends that a periodic inspection and test is carried out by a registered electrician on your rental properties at intervals not exceeding five years, or on a change of tenancy. They will then issue an Electrical Installation Condition Report (EICR) which details any damage, deterioration, defects or conditions within the installation that give rise, or potentially give rise, to danger.

http://www.esc.org.uk/public/guides-and-advice/guidance-for-landlords/

Also see page 2 of this guide:-

http://www.esc.org.uk/public/guides-and-advice/guidance-for-landlords/useful-downloads/

 

[binky]

it's a business - so coverd by Electricity at Work Act, plus Trading Standards - the provision of Goods and Services suitable for purpose. IMHO very legally needed, just wish they would make it black and white!

 

[SPECIAL LOCATION]

it's a business - so coverd by Electricity at Work Act, plus Trading Standards -

Whilst making a commercial gain from renting a property is indeed a business for the landlord...

The actual property itself is not a place of work...

i.e.  the landlords employees do not work there 8 hrs a day, 40hrs a week...

So electricity at work act is not applicable to the property itself as there are NO employee's or self employed working there daily!

http://www.legislation.gov.uk/uksi/1989/635/part/I/made

 

[binky]

self serve garage forecourts have no employees either, but an awful lot of cutomers.... The landlord is responsible for electrical safety of customers, to demonstrate the electrics are safe they need to be tested. Now a landlord can be daft and just say the electrics are safe cos he knows so (being a part time electrical expert of course) and be fully responsible for the system. But if pooh hit fan, they would have a very difficult time in court to demonstrate that what he knew was correct, because he has no test results to demonstrate safety of system. Now if really keen he could buy test gear and fill in standard forms having read BS7671, but that is pretty unlikely.

EAWR does also cover 'visitors' ,and even vandals, to site and not just employees.

 

[SPECIAL LOCATION]

self serve garage forecourts have no employees either, but an awful lot of cutomers.... The landlord is responsible for electrical safety of customers, to demonstrate the electrics are safe they need to be tested. Now a landlord can be daft and just say the electrics are safe cos he knows so (being a part time electrical expert of course) and be fully responsible for the system. But if pooh hit fan, they would have a very difficult time in court to demonstrate that what he knew was correct, because he has no test results to demonstrate safety of system. Now if really keen he could buy test gear and fill in standard forms having read BS7671, but that is pretty unlikely.

EAWR does also cover 'visitors' ,and even vandals, to site and not just employees.

This is indeed also true...  But a rented domestic dwelling is just that..    A DOMESTIC DWELLING..

It is not a workplace, forecourt, market stall, shop, office, factory school, or any place of business...

The landlord does not pay Business rates to the council for the property..

Nor does he have commercial trade waste disposal services..

The tenants pay council tax as per any other private dwelling..

and they get the standard domestic waste services provided by the council..

Because..  it is a DOMESTIC HOME..    NOT a place of work 

The tenants are NOT employees of the landlord..

And while the tenants are at home realaxing...

They are NOT at work..

So the Electricity AT WORK has no relevance any more than it does to me sitting here now on my PC typing this post!

From my earlier link to the EAWR..

this is quoted from the regulations.. as to whom it applies to..

 

Persons on whom duties are imposed by these Regulations3.—(1) Except where otherwise expressly provided in these Regulations, it shall be the duty of every–

(a)employer and self-employed person to comply with the provisions of these Regulations in so far as they relate to matters which are within his control; and

(b)manager of a mine or quarry (within in either case the meaning of section 180 of the Mines and Quarries Act 1954(1)) to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine or quarry or part of a quarry of which he is the manager and to matters which are within his control.

(2) It shall be the duty of every employee while at work–

(a)to co-operate with his employer so far as is necessary to enable any duty placed on that employer by the provisions of these Regulations to be complied with; and

(b)to comply with the provisions of these Regulations in so far as they relate to matters which are within his control.

 

[ProDave]

Just one more twist to this.

if a domestic property is let weekly as a HOLIDAY let, then you pay commercial rates on it and have to pay commercial waste rates to have the bins emptied. So it could be argued that it then IS a place of work so EAWR regulations might apply.

 

[philbas]

Lets put another twist on it

I rent a property, the landlord does have a legal requirement to have the gas checked once a year, so while the plumber/gas fitter is here it becomes his place of work, so at this point EAWR does apply, same if the decorator or the carpet fitter comes in.

 

[steptoe]

Lets put another twist on it

I rent a property, the landlord does have a legal requirement to have the gas checked once a year, so while the plumber/gas fitter is here it becomes his place of work, so at this point EAWR does apply, same if the decorator or the carpet fitter comes in.

I hope you dont smoke, ever,  in the property then. 

 

[binky]

Lets put another twist on it

I rent a property, the landlord does have a legal requirement to have the gas checked once a year, so while the plumber/gas fitter is here it becomes his place of work, so at this point EAWR does apply, same if the decorator or the carpet fitter comes in.

this kind of why I view rented as a business, albeit with quite infrequent visits from other trades. The electrics need to be safe to operate for tennants, landlord and anyone else on premises. In my view this makes it non-domestic in the normal sense of domestic.

 

[philbas]

It's not just rented, anytime someone works at your home it becomes a place of work for them.

 

[steptoe]

so, where does the law stand on smoking in the workplace then?

are you saying no-one is ever allowed to smoke in their own privately owned house just in case they may need a repairman tomorrow?

 

[Doc Hudson]

Lets put another twist on it

I rent a property, the landlord does have a legal requirement to have the gas checked once a year, so while the plumber/gas fitter is here it becomes his place of work, so at this point EAWR does apply, same if the decorator or the carpet fitter comes in.

EAWR applies to the trades person going about their trade not the property, otherwise if you follow that logic though, every single domestic home would need a H&S & EAWR A3 laminated durable poster prominently displayed where all persons can clearly see it, as whenever the postman or milkman comes to the door they are working. The simple test of the Landlords responsibilities is where his or her employees go about their business. probably in an office, not at the properties they rent.

Doc H.

 

[Theorysparky]

I think think the OP  committed suicide

didnt get a clear cut answer....so

for the OP if he ever comes back

there is no legal requirement

£75  or £150  his choice

 

[ProDave]

EAWR applies to the trades person going about their trade not the property, otherwise if you follow that logic though, every single domestic home would need a H&S & EAWR A3 laminated durable poster prominently displayed where all persons can clearly see it,...

Doc H.

Another twist to that.

It's illegal to smoke in your workplace up here.

It's even written into that law, that your van is your workplace, so you can't smoke in your van, even if you are the only person using the van (most ignore that one)

And when you are working in someone's house, that is your workplace, so you can stop the owner smoking in their own house if you want to.

So at least one law says the house you work in, becomes your workplace while you are working there.

 

[binky]

OK so we are all agreed it's a grey area on EAWR :slap

So back to 'The Supply of Goods and Services' if you are supplying a home for people to rent it has to be fit for purpose ergo landlord has requirement to provide safe electrics. Like renting a car with an MOT and seat belts!!

 

[philbas]

And when you are working in someone's house, that is your workplace, so you can stop the owner smoking in their own house if you want to.

It may be your workplace but it is not theirs, I do know at least one council here that allows Social workers, Nurses etc to leave if the owner lights up while they are in the house.

So back to 'The Supply of Goods and Services' if you are supplying a home for people to rent it has to be fit for purpose ergo landlord has requirement to provide safe electrics. Like renting a car with an MOT and seat belts!!

Totally agree the electrics have to be safe, but unlike MOT an EICR is not a legal requirement, just something that may help if you end up in court.

 

[binky]

I would argue that you can't demonstrate a safe set of electrics without EICR, so can't rent without ine, so is a legal requirement. Just wish they would make it compulsory like gas and end the arguments.

 

[Doc Hudson]

I would argue that you can't demonstrate a safe set of electrics without EICR, so can't rent without ine, so is a legal requirement. Just wish they would make it compulsory like gas and end the arguments.

I doubt your argument would actually hold up in a court of law, it is possible to demonstrate a safe electrical installation without an EICR and there have been court cases when tenants have been injured, including fatal shocks, but the prosecution has not used EAWR, nor has the landlord been prosecuted for not having an EICR or PIR. as BS7671 is non statutory.

Doc H.