Electrical Safety For Landlords In Rental Property

As it stands, unlike gas regulations, there is no law that says you must have a landlord electrical safety certificate. However, Landlords are obligated to ensure that all electrical appliances and fittings within the property are safe and in good working order. 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:

• Your property insurance may be invalidated
• A fine of £5,000 per item not complying
• Six month’s imprisonment
• The Tenant may also sue you for civil damages
• Possible manslaughter charges in the even of deaths

These regulations are enforced by the Health & Safety Executive. To avoid legal penalisation, it is advisable for landlords to have periodic checks done by a qualified electrician.

Electrical Saftey Regulations

While there isn’t a legal obligation on landlords to have professional checks carried out on the electrical appliances, there is, however, an obligation to ensure that all electrical equipment is safe, 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. It is a requirement that for certain types of electrical work in dwellings, plus garages, sheds, greenhouses and outbuildingd comply with the standards. This means a competent electrician must carry out the work.

Here are a few safety measures landlords can take themselves:

• Keep supplied appliances to a minimum.
• Ensure that all fuses are of the correct type and rating.
• Make sure appliances supplied are complete and in working order – keep purchase receipts.
• Ensure that flexes are in good order and properly attached to appliances and plugs.
• Ensure that earth tags are in place.
• Make a note of all fuse ratings on the inventory.
• 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.
• 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.
• Make sure that tenants know the location of and have access to the main consumer unit, fuses and isolator switch.

Extra notes

• If the property is an HMO (Houses in Multiple Occupation) you are required by law to provide yearly PAT (portable appliance testing) certificates for all appliances.
• Any second hand equipment MUST have be PAT tested by law. That’s why charity shops no longer accept electrical goods – it would cost them too much to administer!
• Technically, any equipment returned from service or repair MUST be PAT tested and carry the requisite sticker
• Upgrading to 17th edition RCD’s (residual current device) to replace older style fuse boards can be done quite cheaply (certainly less than a law suit) and will provide electrical shock protection. They do not stop the shock, but when the device senses the shock – the MCB’s (minature circuit breakers) cut in. Usually within hundredths of a second.
• You are not allowed to do ANY electrical work in kitchens or bathrooms and other areas are stricttly controlled by building regs and the law. If you do and an accident occurs your insurance will be void!
• If ever in doubt get a Part P registered electrician to check it out. Once the part P registered sparky does the work it will be registered with either NAPIT or NICEIC and you will get a certificate.

On a final note, it’s always strongly advised that every landlord should make absolute carertainty they are complying with the appropriate electrical safety regulations to ensure that all electrical equipment supplied is safe. Get periodic inspections of electrical equipment by a qualified electrician.

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Talk / 38 Comments left so far

Jools wrote this on 2009-03-27 08:12:01 You will find that a lot of letting agents require a certificate of periodic inspection before they will place tenants. Also if the property is an HMO you are required by law to provide yearly PAT (portable appliance testing) certificates for all appliances.

To my way of thinking, in this litigious society, it's just not worth the risk of NOT getting an electrical safety certificate. Most older properties require the earth to be upgraded (a lot of early properties do not have earthed lighting rings). No earth means potentialy fatal electric shocks.

Any second hand equipment MUST have be PAT tested by law. That's why charity shops no longer accept electrical goods - it would cost them too much to administer! Technically any equipment returned from service or repair MUST be PAT tested and carry the requisite sticker
Upgrading to 17th edition RCD's (residual current device) to replace older style fuse boards can be done quite cheaply (certainly less than a law suit) and will provide electrical shock protection. They do not stop the shock, but when the device senses the shock - the MCB's (minature circuit breakers) cut in. Usually within hundredths of a second.

If in doubt get a Part P registered sparky to check it out. I ALWAYS replace fuse boards and upgrade the earth - it's how I sleep easy at night! May mean a bit of disruption but in my book it's better than a fire.

Once the part P registered sparky does the work it will be registered with either NAPIT or NICEIC and you will get a certificate. Remember you are not allowed to do ANY electrical work in kitchens or bathrooms and other areas are stricttly controlled by building regs and the law. If you do and an accident occurs your insurance will be void!

Have the name of excellent chaps in Lancashire and Cardiff if required! I seem to remember that periodic certificates last 10 years.

Hope this helps

Jools 1

The Landlord wrote this on 2009-03-27 09:00:52 Oh wow, I didn't know a lot of that. But i've NEVER had a letting agent ask me anything about a certificate related to electrics. They always just insist on the gas satfey certificate. Hmmm!

Yeah, those certificates do last 10 years! 2

The Landlord wrote this on 2009-03-27 09:05:01 That was all great stuff, Jools. Many thanks! I've updated the blog post! 3

Jools wrote this on 2009-03-27 09:13:11 Countrywide Residential and Martin & Co do but I always get a good reaction from Agents and Tenants when I show them the periodic inspection Certificate. Shows I care about their safety and its a good selling point.

I'm pretty sure it is now a legal requirement to have mains smoke detectors fitted. As long as they are on separate circuits (I always add them to the independent upstairs and downstairs lighting circuits as if there are no lights you know the detectors are not working!) there is no need for interlinking but it is onloy one cable that can be hidden in thin conduit. Again it shows welfare concern and tenants appreciate the extra security. 4

T wrote this on 2009-06-25 17:33:06 Hi Jools,

I am in Cardiff - who are your good electrical guys down here?

T 5

Jools wrote this on 2009-06-25 19:34:58 Hiya T,

Chap called Kevin Cork from KPC Electrical

07980932622: Tell him Jools from around the corner recommended him - he will know who you mean!

Excellent chap - does ALL my electrical work in Cardiff!

Jools 6

Lozza1mc wrote this on 2009-07-09 02:08:01 hi who is the spark in Lancashire?? 7

Jools wrote this on 2009-07-09 14:15:07 will dig his number out for you!

Jools 8

Emma wrote this on 2009-07-20 10:55:21 My partner, myself and my partners 2 children are living in a rented house. We moved in april 2009 and have a 6 months break clause if we like. the tenancy is for a year.

Two weeks ago the electrics went in the house. We later discovered, when the electrician turned up, that the electrical supply cable in the electric shower was about 5 mm too thin for the job, and as such this had blown the fuse, burnt the wires in the wall cavity and shorted the house out. He then found that the shower and oven were on the same breaker, which they shouldn't be. He informed us that if we hadn't turned the wall fuse switch off every time we finished with the shower it would have caused a house fire.

The problem has been rectified but we are not happy that the rest of the house is electrically safe.

Is there anyway we can get out of our tennancy early based on the above situation? The cable he took from the wall cavity was completely burnt out!

thanks,

Emma 9

Jools wrote this on 2009-07-20 11:34:12 Emma. Your issue will be proving the landlord was negligent. He may just not know! Yeah I know the stuff dodgy landlords pull! He does have a provision of care so I would suggest you contact him'and ask him to get a periodic inspection done by an NICEIC registered person as you are worried about the electrics. If he says no or fails to do so you could then use this as ammo for getting your AST turned over. You must give him the opportunity to put stuff right first. Qhat did the Sparky say? He has the power to report dangerous electrics to the councils building control dept. 10

Jessica wrote this on 2009-07-24 11:37:56 I got my electrical certificate, which passed, in April before it went on the rental market. My tenants move in tomorrow and now the agency that I am letting it through say that I need a mains connected smoke alarm (my flat was built pre 1992 so I am sure a working battery operated one is ok) and there is a wobbly plug socket that needs fixing. This should have been mention on the certicate but it wasn't, so I am fuming. What is the point of paying over £100 for the certificate if this doesn't get picked up? 11

Jools wrote this on 2009-07-25 06:19:54 A rental property is obliged bylaw to have mains smoke detectors with battery backup and preferably interlinked fitted. They can be on separate circuits ie upstairs and downstairs individual lighting circuits so that if the power goes off on one the other is still working.
Not your sparkys fault really as he expects you as a landlord to know the regulations relating to your property. He will advise best location and routing of wires etc but he won't say you need this or that. He may think you will take it as him trying to screw you for extra work or money! Electrical safety is exactly that - its not a fire safety certificate. The small cost of having them fitted is outweighed by the fact that you will be able to sleep easy at night knowing your tenants are safe and not removing the batteries to power their radios etc! Jools 12

Jessica wrote this on 2009-07-26 09:53:12 Hi Jools,

Where is this legislation? Is this very new? The only legislation I can find states that if the property was built post 1992 it must have a mains operated smoke alarm, before that it must have a functioning smoke alarm.
Also, it is the agency that says the sparky should have recommended it. And I can sleep easy knowing my tenants haven't removed the battery for their radio, they are doctors and if they were that stupid I'm not sure they would have got through med school! 13

Jools wrote this on 2009-07-26 19:24:26 Out of the country at the moment so can't get to the legislation. Intelligence and common sense are totally different! I know plenty of highly intelligent people who I would not trust to wire a plug. Don't ever get them confused. Jools. 14

Bermomdsey wrote this on 2009-07-27 14:41:25 Jus wanted to know, i moved into a flat and a switch was not working for a set of Lights. And the light switch was kind of important as they allowed us to go down to the basement bedrooms without tumbling down the stairs. Would the landlord be responsible for that?? 15

Power Plus Electrical.co.uk wrote this on 2009-10-13 01:34:04 In responce to Bermomdsey:

Yes your landlord has a due care to withstand safe electrical install. Leaving stairs unlit is falling under health and saftey regulations.

Dougie,
Power Plus Electrical.co.uk 16

twattybollocks wrote this on 2009-10-13 10:23:45 @ Bermondsey: Dougie is right. landlord totally liable as critical H&S issue. If the landlord does not do anything about it - have a fall on the stairs and then get someone to sue him for injury.

TB 17

kitty wrote this on 2009-10-16 12:18:06 We recently had cause to have an electrian call to our rented property and replace a plug that stopped working, He recommended a complete rewire as the wiring is so old it is breaking down, Since then I have received a nasty electic shock from lighting wiring which was left out in the open when the landlord removed a greenhouse (we got someone in to diss-connect for us in the end) and now my husband has had a heavy glass lampshade fall on his face leaving him needing hospital treatment,this appears to have happened due to the age of the fitting and the clips holdin the shade in place weakening. What should we do now, we get little response with problems reported to our landlord and theres been a few,he also refused to put the deposit into a holding account as he claimed that it was his money and the government were not telling him where he could keep it!.We could do with advice. 18

Power Plus Electrical.co.uk wrote this on 2009-10-21 18:25:30 A landlord has a legal responicibilty to ensure your proerty is fit and safe for use. He does not need to get it tested or inspected by law, but he does require to prove in a court room that he has taken reasonable steps to ensure electrical saftey of all electrics and appliances.

By the sound of it if it is that dangerours i would recorded delivery a letter to your landlord explaining your concern.

With no results i would then call for an electrian to lightly test property and get him to issue a "unsafe situation report" (might be called something slightly difffernnt) and again recorded delivery it to him. This report once issued will invalidate his property insurnace untill a satisfactory PIR certificate issued.

Contact your local trading standards and local council landlords registration board/housing and they can assist further. 19

julie-ann butler wrote this on 2009-10-28 20:08:36 Hi i have just moved into a 2 bedroom flat which is allocated above and behind a bussiness centre owned by my landlord, i believe the flat was a office before he decided to make it into a flat, i hav had quite a few problems up to date but my landlord i believe is trying to save money by tring to fix them by doing things hinself or sending handymen even my neighbour on a couple of occassions, i am now geting concerned as he is fitting plugs in my kitchen running off a new socket for my washing machine off othe cooker wire which is allocated behind my cooker exposed on a round black box thing, i have also had probs 4 weeks with the ecc 7 on my water heating tanks and hav been running the water on the top tank as bottom 1 dont work , he keeps fobbing me off thermostate which he sent neighbour to fit but that didnt work changing fuses, ect he has now said it is element inside which he say it must be and getting a plummer? in tp do it 11 days later as apartly he only uses 1 plummer and he dont work half term as single parent ect, i said about getting a plummer in and getting rein bursed and was told i could do that but they would only reinburse £40 as that is what there plummer cost?seems cheap to me can i ask if he is corgi and if not can i refuse him to do it as i am quessing this is another handyman/friend doing it 4 him.where do i stand and what do i do 20

Jools wrote this on 2009-10-28 20:18:10 Hi Julie Ann - ANY work in the kitchen or bathroom MUST BY LAW be carried out by a Part P registered electrician otherwise the house insurance is invalidated. report him to your local council's enforcement team.

Jools 21

Power Plus Electrical.co.uk wrote this on 2009-10-28 22:37:35 Part P is not for Scotland! Make things clearer in your posts Jools 22

jools wrote this on 2009-10-28 23:05:52 Sorry - where in the post did it say she was in Scotland? 23

Power Plus Electrical.co.uk wrote this on 2009-10-29 08:51:47 It didnt but she could have been, i get a lot of customers askinmg if im part p registared because they read it on the internet 24

jools wrote this on 2009-10-29 09:53:01 Thing is you could have said "I am in Scotland and part P does not apply here" if you wanted to make it clearer. After all she could have been in Ireland or Canada! Or you could have made it clearer still by stating what IS in force in Scotland. 25

ChelseaBlue wrote this on 2009-11-30 21:58:13 Hi

Tenants are liable to be evicted should the breach any part of the contract, however should a landlord or letting agent breach their part of the shorthold tenancy agreement can this be of grounds for the tenant to give notice to quit and not be liable for the rent for the rest of the contract term?

They are in breach of about four different clauses within the contract. The main one is that they shall provide saftey certificates for the gas and electric of which they have and did not do... to my understanding these are to be produced 28 days before or after the tenant moves in, it has now been two months and have seen nothing!!

Your answer would be very much appreciated.

Thank you. 26

Jane Talbot wrote this on 2009-12-11 10:36:48 Dear Jools,

I have just found your site. Thank you. Back in July there was a discussion about smoke alarms and whether they had to be on the mains or could be battery. Did that ever get resolved? My property is 1930s and I've always had a battery one.

Thank you

Jane Talbot 27

Jools wrote this on 2009-12-11 10:50:52 Hi Jane - Wish I could take credit for the site but that pleasure goes to The Landlord!

The alarms have to be mains with battery backup but you should check with your locals councils private housing unit on their requirements for private rented accomodation. I think the issue at the time was whether they should be interlinked. Again it really depends on the councils spec but I always interlink mine as at some stage in the future it is bound to be a legal requirement.

According to a NICEIC registered electrician I use if they are on separate floors they should be on separate circuits and preferably on the lighting side so that if the lights are out you know the detectors are off too - just an easy way to keep an eye on things.

For the cost of running an extra interling wire and a bit of trunking it really is a no brainer. I know you can get RF (wireless) smoke alarms but I am unsure as to whether 'interlinked' actually means physically by wire or by other methods. If someone out there knows - please update us all!

Cheers

Jools 28

Caroline wrote this on 2010-01-27 14:57:33 Hi there, i have 2 questions

in England what are the elec regs for my renting out a property? does a battery smoke alarm suffice.

In Scotland, are the gas regs the same as UK? what are the elec regs?

thanks in advance 29

Power Plus Electrical.co.uk wrote this on 2010-01-28 03:49:52 Q1, You must take reasonable safety routes as a landlord, gas certificate, electric certificate, smoke alarms, carbon monoxide detector, registered with local council, insurance for your property and possibly rent arrear, health and safety. Furniture fire requirments, fire exits, fire precautions list can go on.

Q2 Gas regs same as all over UK, electrics regs same? 30

william wrote this on 2010-02-02 15:55:10 hi my names william i recently moved in to a property and wasnt provided with any safety paper work is this legal and all so i have done a lot of work on this house now they want me to leave is there any way to reclaim my money as i havent the cash to spend on re doing a new house i live with my son who is 18months 31

The Landlord wrote this on 2010-02-02 16:14:47 Hey William,

As it stands, landlords only need to provide you with a gas satey certificate. They don't need to provide you with any electrical satefy documentation.

Unfortunately, you can't reclaim any money you spent on the property, because it was "optional" work which you decided to do on your own accord.

Kind regards 32

william wrote this on 2010-02-02 16:20:38 hi thanks for the reply i wasnt given a gas safety cert dos this mean they have rented me it ilegaly iv lived there since 08.09..and part of the arrangement was to do some repair wwork on the property in return for a rent reduction
i dont know if this makes ANY DIFFRENCE .. thanks a gain william 33

william wrote this on 2010-02-02 16:33:05 just to add ther was no kitchen when i moved in and i had to fit myself ,the garden was full of cut trees that i moved in and there was a gaint hole in the celing witch i repaired with the help of a plaster friend of mine the drains were b 34

Gel wrote this on 2010-03-05 03:44:33 Hi - can you tell me if the law states how many plug sockets a property should have or how many in each room? We have lived in this house for 10 years now and it was built during the war. Obviously, people didn't have as many electrical items then but have many more now. To give you an idea, I have 4 double sockets on the ground floor which comprises the kitchen, living room, dining room and hallway and I have 3 on the 1st floor which comprises 3 bedrooms, bathroom and hallway. The wiring has never been checked as long as we have lived here and we rely heavily on extension leads but I am sure that we must be overloading the system. Please advise.....thank you. 35

jools wrote this on 2010-03-05 18:55:12 @william - just because they did not give you a copy does not mean they did not have one. Strange and unlikely as it seems!! You only have to display certificates under certain circumstances. I always show prospective tenants the current safety certificate but thats 'cos I am a good landlord (I hope).

@Gel - the law does not provide a minimum number. When the house was built the 4 double sockets were proabably adequate given the lack of electronic items. The rule of thumb these days is the more the merrier but I don't think the LL is breaking any laws. Unfortunately adding new sockets properly is an expensive undertaking since, to be done properly, the wiring must be chased into the walls. Not something that can be done whilst the house is inhabited because the amount of dust produced is huge.

If you are using a lot of extension leads then you are runningthe risk of ovrloading and causing a fire. The LL is under no obligation to obtain a certificate of safety BUT if wiring is present it must be safe! Inspections are not too expensive (say £100) but they do last for 10 years. Its the nest of vipers that it may uncover is the expensive part.

Hope this helps

Jools 36

Paula wrote this on 2010-06-08 18:25:41 Many thanks for the web site, I am a private landlady and was not aware that smoke alarms should be mains fitted. We have found that most tenants actually take down the battery ones we suppy! 37

kirsty wrote this on 2010-07-07 21:53:07 Hi Jools,

I have just moved into a property - it only took 3days to get everything done...
On getting into the property on closer inspection there are a few issues...
1) there is a plug socket just inches under the kitchen sink which has a 3 of the large thick grey wires going into it / from it. it is losely screwed to a piece of chipboard which is not fitted securely. the worktop seal is broken so water could drip directly down onto it.
2) the isolator/ fuse switch for the cooker / exractor fan does not work! it is not even connected to the cooker. the cooker is instead plugged (with a normal plug) into a socket which i believe is connected to the plug under the sink.
3) on the viewing we were told that the property came with washer / dryer - it doesnt it only has a dryer!!!
4) There is no smoke alarm at all in the property (2nd floor flat - 2rooms let to 2sep households)
5)we were not provided with energy certificates

What are my rights if i wish to stop this tennancy agreement and seeking a safe property having only paid 06/07/10?

We have a friend who is a qualified electrician to come on Friday and check the property to ensure it is safe as we darent move in - even though we are currently paying!!!

Any help would be greatly appreciated.

Kirsty 38

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