Electrical Safety For Landlords In Rental Property
Written by The Landlord on 25 Aug 2011There is an unfortunate grey area around what landlords must do to fulfil their legal obligations concerning electrical systems and electrical equipment. Hopefully this article will clear some of those issues up.
Landlord Legal Obligations to Electrical Safety
There is currently no law that states a landlord must perform annual electrical safety checks (or any checks at all), so it’s not quite as cut and dried as Gas Safety regulations in rental properties, which stipulates the landlord is legally obligated to get an annual Gas Safety Certification. However, there are various regulations that do apply, but in nearly all cases their requirements only state that systems and equipment must be safely installed and safely maintained.
Failure to provide safely installed and maintained electrical appliances can lead to prosecution as it is a criminal offence. Possibly penalties for failing to comply are as follows:
- 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 prosecution, it is advisable for landlords to have periodic checks done by a qualified electrician.
Electrical Saftey Regulations
As said, there is no statutory obligation for landlords to have professional checks carried out on the electrical system or appliances. However, under Common Law and various statutory regulations: The Landlord and Tenant Act 1985, The Housing Act 2004, The Electrical Equipment (Safety) Regulations 1994, and 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.
Moreover, under Part P of the Building Regulations, it is a requirement that certain types of electrical work in dwellings, garages, sheds, greenhouses and outbuilding also comply with the standards.
In all cases, a competent electrician must carry out the work. In order for the landlord to perform DIY electrical work, he must belong to one of the Government’s approved Competent Person Self-Certification schemes or submit a building notice to the local authority before doing the work himself.
Electrical Safety measures landlords should take:
The rule of thumb with any safety aspects in a rental property is, manage your property well and the risks are minimal, but manage it badly and risks are high.
Landlords are advised to make visual inspections and have periodic checks carried out by a qualified electrician.
Here are a few safety procedures that should be followed:
- 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.
Portable Appliance Testing (PAT) in rental accommodation
Portable Appliance Testing (commonly known as PAT or PAT Inspection or PAT Testing) is a process in which electrical appliances are routinely checked for safety. The correct term for the whole process is In-service Inspection & Testing of Electrical Equipment.
- 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 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
Extra notes
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.
60 Comments - join the conversation...
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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
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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!
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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
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TB
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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.
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Jools
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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.
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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
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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
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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
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Q2 Gas regs same as all over UK, electrics regs same?
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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
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i dont know if this makes ANY DIFFRENCE .. thanks a gain william
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@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
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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
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I am renting a property out for a short term let. i.e. rented for overnight stays for walkers passing through. I live in wales. The property is tiny (One up one down!) Can I use battery smoke alarms or are there any available that I can wire straight into the lighting circuit?
Thanks
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Thank you Rachel
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all of our posetions are damaged or broken and we have no where to live. I belive it is due to a faulty emersion heater that should have been unwird.
What action can i take against the land lord?
if anyone has any advice please call me 07814544372
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If you believe the explosion was due to a faulty immersion heater did you inform the landlord that it was faulty beforehand?
Look - accidents happen - if the LL did not know about the fault (and the balance of probabilities is he/she did not) then how can they be to blame? Your possesions should be covered by your contents insurance policy (your LL's buildings policy will not cover you - any why should it) so you should contact your insurers. If you were not insured then that is not your LL's problem.
If you have no where to live you need to contact your local councils housing officer for advice asap.
If you want to take action against your LL then YOU will have to prove the immersion was faulty or dangerous - very difficult to prove given no one can see inside the unit! Your "belief" that it was faulty or that it "should have been unwird (sic)" is not enough - sorry.
Hope you get it sorted soon, but please don't believe that you have an automatic right to claim compensation.
Jools
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Is it a law requirement to have a cooker switch in your kitchen? as our oven stopped working, and bought a new one that requires this switch, but our landlord wont fit one, he just keeps saying put a plug on the end of it, but this will just blow as it needs a 30amp fuss and not a 13amp, any ideas?
Craig
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There is no legal requirement for the cooker switch. If there is one fitted then it must comply with the electrical regulations in position and rating.
However, many cookers now operate off the square pin plug and so don't require the switch. My advice is to speak to your oven supplier and explain that you have bought the wrong type and see if there is the possibility of an exchange.
Your LL is under no legal obligation to fit a cooker switch and the necessary high rating cable just because you have bought the wrong one. Sorry.
Jools
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I wonder if anybody can advice please:
I have been renting my 2 bed house since June last year, after 6 months peace and quiet the agency decided to get a little heavy with me over very minor details,atfer a 6 monthly inspection, I decided to go down the legal path with regards to what legal obligations they should follow, I know they legally they should have supplied an EPC when I took on the property, I have since asked for the aforementioned, which they have supplied, it turns out that the certificate is FAKE, ohhh dear, also, the wiring in the house is diabolical, bare wires hanging from the shed and live!! there is no equipotential bonding in the house, and earth wires left dangling in thin air not connected to the sink bath etc etc, very shoddy, what and where would you turn??
Many thanks
Many thanks
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4 yrs ago elec regs 16 edition came in
this said all instalations smoke alarms linked on seperate circuit
old property before 2006 alarms were linked to lighting systems
alarms fitted now to old sysstems can they be wired still to lighting cicrcuits
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Furthermore you must notify your LL immediately of any maintenance issues - not keep quiet and use them against them at a later date. Follow up in writing and send recorded if possible for proof of posting.
If all else fails you can go to your local council and they have an enforcement department who will inspect the property and insist on the works to be completed by the landlord (or face court).
My council advised that battery smoke alarms were sufficient.
But tenents, play it fair!!!
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Legally, no. As long as the unit itself is safe then it can continue to be used. See http://www.esc.org.uk/fileadmin/user_upload/documents/industry/best_practice/BestPracticeGuide4-Locked.pdf, especially page 19.
Ask your landlord to provide you evidence of electrical inspections. Treat theri non-reply with suspicion. My tenants get annual papwork automatically, even if they don't ask for it.
Are you asking because you don't like the look of the unit or because it's frequently tripping? If the latter, there may be a problem elsewhere with the installation or the amount of load you're taking from one area (e.g. too many extension cables).
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Thanks
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very concerned as my son has three small children in the house. The landlord has intimated that the house was rented as unfurnished but this oven was in situ when he took over the house. He is refusing to look at this oven at all plus the appliance had never been serviced either. What concerns me is that my daughter previously stayed in this house when a near disaster happened. They were all luckily out at work when the aluminium flue melted and when they returned home from work the house was covered in black soot. When the plumber arrived he advised them the wrong glue had been fitted to the boiler - it should have been stainless steel and not aluminium hence it melting and eminating soot all over the property. The plumber advised they were lucky they were all out and not asleep in bed or they would have not be here today!! This landlord is taking 625 a month rent and they can't get any repairs done promptly or correctly! This appliance is concerning me as I am frightened this will cause a fire in the property. I have been in touch with the private renting section where the landlord is registered and they advise me it is the responsibility of the landlord to repair and service this appliance. Your comments would be appreciated. Mrs H - Dundee Scotland.
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Is the cooker on the inventory drafted by the landlord? If so, that will clear up the "unfurnished" smokescreen.
Inform the landlord in writing that he has legal obligations to ensure supplied appliances are safe. Give him a reasonable deadline to do an inspection or to provide a copy of any in-force electrical safety inspection report. Tell him failure will lead you to commissioning an inspection and deduct the fee from the next month's rent. Shop around and keep quotes to show you chose a sensible fee.
The report coming back saying safe - unsafe will decide your next actions.
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