The current legal position regarding electrical safety in private rented homes
Landlord obligations: Requirement for electrical installations
- The Landlord and Tenant Act 1985, Section 11
11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor--
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
Comment: It is recognised good practice for landlords to engage a professionally qualified electrician to carry out periodic inspection and testing (Electrical Installation Reports) every 5 years for residential accommodation (every 10 years or on change of occupancy for domestic properties) - however there is no specific requirement for them to do so. BS7671:2008 and specifically IEE Guidance note 3 provides guidance on this. See rules for Houses in Multiple Occupation below. It is recommended that routine check reports be carried out annually or on change of occupancy for residential accommodation.
- IEE Guidance Note 3: Inspection and Testing: BS7671 2008 (6th Edition). Incorporating amendment No. 1 2011 (Guidance on inspection and testing).
- Tenancy agreement terms (contractual arrangements).
Comment: The campaign encourages tenants to report any electrical problems to their landlord or letting agency as soon as they become aware of them and not to undertake any electrical work themselves.
Other relevant legislation
- Defective Premises Act 1972
4 Landlord’s duty of care in virtue of obligation or right to repair premises demised.
1)Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.
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Landlord obligations: Requirements for electrical appliances supplied as part of the tenancy
- The Electrical Equipment (Safety) Regulations 1994 (Under the Consumer Protection Act 1987).
Requirement for electrical equipment to be safe etc.
5.—(1) Electrical equipment shall be--
(a)safe;
Comment: It is recognised good practice for landlords to engage a professionally qualified electrician to carry out periodic inspection and testing on electrical appliance - however there is no specific requirement for them to do so. The IEE Code of Practice for In-Service Inspection and Testing of Electrical Equipment (3rd edition- 4th edition due in Nov. 2012) provides detailed guidance on this. Appliances should be inspected and testing when first supplied or when there is a change of occupancy.
- Plugs and Sockets etc. (Safety) Regulations 1994 (Under the Consumer Protection Act 1987).
- IEE Code of Practice for In-Service Inspection and Testing of Electrical Equipment (3rd edition- 4th edition due in Nov. 2012) (Guidance on appliance inspection and testing).
- Tenancy agreement terms (contractual arrangements).
Comment: The campaign encourages tenants to report any electrical problems to their landlord or letting agency as soon as they become aware of them and not to undertake any electrical repairs themselves.
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Action local authorities can take
- Housing Health and Safety Rating System (HHSRS) (Housing Act 2004)
Comment: The HHSRS assesess 29 categories of housing hazards, category 23 is Electrical Hazard. For category 1 hazards a Council has a statutory duty to take enforcement action. For a category 2 hazard a Council has the power to take enforcement action to deal with it if it is deemed appropriate. See:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Repairsandstandards/DG_189198
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Requirements for housing in multiple occupation (HMO) and additional and selective licensing
- The Management of Houses in Multiple Occupation (England) Regulations 2006
Comment: Applies to all HMOs (whether or not they are licensable) and impose certain duties on managers and occupiers of such buildings.
6 Duty of manager to supply and maintain gas and electricity
(3) The manager must--
(a)ensure that every fixed electrical installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing;
- Houses in Multiple Occupation (HMO) licensing (Housing Act 2004)
Comment: Mandatory licensing for prescribed HMOs.
Schedule 4: Section 1:
(3)Conditions requiring the licence holder--
(a)to keep electrical appliances and furniture made available by him in the house in a safe condition;
(b)to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture.
- Additional licensing of Houses in Multiple Occupation (Housing Act: Part 2: Section 56)
Housing Act 2004: Part 2: Section 56
Designation of areas subject to additional licensing
(1)A local housing authority may designate either--
(a)the area of their district, or
(b)an area in their district,
as subject to additional licensing in relation to a description of HMOs
specified in the designation, if the requirements of this section are met.
- Selective licensing (Housing Act 2004: part 3)
Comment: Selective licensing is a regulatory tool provided by the Housing Act 2004 (the Act). Section 80 of the Act allows local housing authorities to designate areas suffering from either significant and persistent anti-social behaviour and/or low housing demand. By making the designation, all privately rented accommodation in the designated area will require a licence.
Authorities have discretion to set the precise conditions of the licence as regards anti-social behaviour and general management of the property. There are also certain mandatory conditions which must be included in a licence. For example, licensees are required to keep electrical appliances and furniture (provided under the tenancy) in a safe condition.
-----------------------------------------------------------------------------------------------------------------------------------
Decent Homes Standard (DHS) (June 2006 version)
Comment: In 2002 the DHS was extended to vulnerable households in the private rented sector. The DHS should form part of local authorities housing strategies which they can as a last resort use enforcement powers to achieve e.g. the HHSRS. See: http://www.communities.gov.uk/documents/housing/pdf/138355.pdf
The Decent Homes Standard definition covers 4 areas:
(a) The current statutory minimum standard for housing is met. Dwellings which fail to meet this criterion are those containing one or more hazards assessed as Category 1 under the HHSRS (see HHSRS category 23 above).
(b) The dwelling is in a reasonable state of repair. This covers building components such as electrics.
(c) The dwelling has reasonably modern facilities and services
(d) The dwelling provides a reasonable degree of thermal comfort
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Landlord voluntary arrangements
Landlords who are members of voluntary landlord accreditation schemes may agree to carry out periodic inspection and testing of electrical installations and appliances.
Professional landlords may take it upon themselves to have appropriate inspection and testing carried out.
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BS7671: 2008
Comment: British Standard BS 7671 "Requirements for electrical installations" is the national standard in the United Kingdom for low voltage electrical installations. To view the contents of BS7671 please visit:
http://electrical.theiet.org/books/regulations/17th-edition-amd1.cfm
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Building Regulations: Part P
Comments: In May 2003 the Government announced that it was introducing a new Part to the Building Regulations, Part P, which would bring domestic electrical installation work in England and Wales under the legal framework of the Building Regulations. It places a legal requirement for safety upon electrical installation work in dwellings, although the sector is highly regarded for its high levels of conformity with its chief standard, BS 7671.
There are self-certification schemes to ensure competency of the work undertaken. Part P of the Building Regulations became a legal requirement on January 1st 2005. Part P is the specific section of the Building Regulations for England and Wales, which relates to electrical installations in domestic properties.
To find out what electrical work in a dwelling Part P applies to visit:
http://www.competentperson.co.uk/pdfs/buildingworkleaflet.pdf and
http://electrical.theiet.org/building-regulations/part-p/faqs.cfm and
http://www.eca.co.uk/industry-advice-and-research/faqs/part-p-faqs-49/
Please do not undertake any electrical work until you have read the above.
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For information
In the workplace the Electricty at Work Regulations 1989 (Regulation 4(2)) is the specific piece of legislation relating to maintainence and electrical safety.
Systems, work activities and protective equipment
4.—(1) All systems shall at all times be of such construction as to prevent, so far as is reasonably practicable, danger.
(2) As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.
- The Landlord and Tenant Act 1985, Section 11
11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor--
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
Comment: It is recognised good practice for landlords to engage a professionally qualified electrician to carry out periodic inspection and testing (Electrical Installation Reports) every 5 years for residential accommodation (every 10 years or on change of occupancy for domestic properties) - however there is no specific requirement for them to do so. BS7671:2008 and specifically IEE Guidance note 3 provides guidance on this. See rules for Houses in Multiple Occupation below. It is recommended that routine check reports be carried out annually or on change of occupancy for residential accommodation.
- IEE Guidance Note 3: Inspection and Testing: BS7671 2008 (6th Edition). Incorporating amendment No. 1 2011 (Guidance on inspection and testing).
- Tenancy agreement terms (contractual arrangements).
Comment: The campaign encourages tenants to report any electrical problems to their landlord or letting agency as soon as they become aware of them and not to undertake any electrical work themselves.
Other relevant legislation
- Defective Premises Act 1972
4 Landlord’s duty of care in virtue of obligation or right to repair premises demised.
1)Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.
-------------------------------------------------------------------------------------------------------------------------------------
Landlord obligations: Requirements for electrical appliances supplied as part of the tenancy
- The Electrical Equipment (Safety) Regulations 1994 (Under the Consumer Protection Act 1987).
Requirement for electrical equipment to be safe etc.
5.—(1) Electrical equipment shall be--
(a)safe;
Comment: It is recognised good practice for landlords to engage a professionally qualified electrician to carry out periodic inspection and testing on electrical appliance - however there is no specific requirement for them to do so. The IEE Code of Practice for In-Service Inspection and Testing of Electrical Equipment (3rd edition- 4th edition due in Nov. 2012) provides detailed guidance on this. Appliances should be inspected and testing when first supplied or when there is a change of occupancy.
- Plugs and Sockets etc. (Safety) Regulations 1994 (Under the Consumer Protection Act 1987).
- IEE Code of Practice for In-Service Inspection and Testing of Electrical Equipment (3rd edition- 4th edition due in Nov. 2012) (Guidance on appliance inspection and testing).
- Tenancy agreement terms (contractual arrangements).
Comment: The campaign encourages tenants to report any electrical problems to their landlord or letting agency as soon as they become aware of them and not to undertake any electrical repairs themselves.
------------------------------------------------------------------------------------------------------------------------------------
Action local authorities can take
- Housing Health and Safety Rating System (HHSRS) (Housing Act 2004)
Comment: The HHSRS assesess 29 categories of housing hazards, category 23 is Electrical Hazard. For category 1 hazards a Council has a statutory duty to take enforcement action. For a category 2 hazard a Council has the power to take enforcement action to deal with it if it is deemed appropriate. See:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Repairsandstandards/DG_189198
---------------------------------------------------------------------------------------------------------------
Requirements for housing in multiple occupation (HMO) and additional and selective licensing
- The Management of Houses in Multiple Occupation (England) Regulations 2006
Comment: Applies to all HMOs (whether or not they are licensable) and impose certain duties on managers and occupiers of such buildings.
6 Duty of manager to supply and maintain gas and electricity
(3) The manager must--
(a)ensure that every fixed electrical installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing;
- Houses in Multiple Occupation (HMO) licensing (Housing Act 2004)
Comment: Mandatory licensing for prescribed HMOs.
Schedule 4: Section 1:
(3)Conditions requiring the licence holder--
(a)to keep electrical appliances and furniture made available by him in the house in a safe condition;
(b)to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture.
- Additional licensing of Houses in Multiple Occupation (Housing Act: Part 2: Section 56)
Housing Act 2004: Part 2: Section 56
Designation of areas subject to additional licensing
(1)A local housing authority may designate either--
(a)the area of their district, or
(b)an area in their district,
as subject to additional licensing in relation to a description of HMOs
specified in the designation, if the requirements of this section are met.
- Selective licensing (Housing Act 2004: part 3)
Comment: Selective licensing is a regulatory tool provided by the Housing Act 2004 (the Act). Section 80 of the Act allows local housing authorities to designate areas suffering from either significant and persistent anti-social behaviour and/or low housing demand. By making the designation, all privately rented accommodation in the designated area will require a licence.
Authorities have discretion to set the precise conditions of the licence as regards anti-social behaviour and general management of the property. There are also certain mandatory conditions which must be included in a licence. For example, licensees are required to keep electrical appliances and furniture (provided under the tenancy) in a safe condition.
-----------------------------------------------------------------------------------------------------------------------------------
Decent Homes Standard (DHS) (June 2006 version)
Comment: In 2002 the DHS was extended to vulnerable households in the private rented sector. The DHS should form part of local authorities housing strategies which they can as a last resort use enforcement powers to achieve e.g. the HHSRS. See: http://www.communities.gov.uk/documents/housing/pdf/138355.pdf
The Decent Homes Standard definition covers 4 areas:
(a) The current statutory minimum standard for housing is met. Dwellings which fail to meet this criterion are those containing one or more hazards assessed as Category 1 under the HHSRS (see HHSRS category 23 above).
(b) The dwelling is in a reasonable state of repair. This covers building components such as electrics.
(c) The dwelling has reasonably modern facilities and services
(d) The dwelling provides a reasonable degree of thermal comfort
--------------------------------------------------------------------------------------------------------------
Landlord voluntary arrangements
Landlords who are members of voluntary landlord accreditation schemes may agree to carry out periodic inspection and testing of electrical installations and appliances.
Professional landlords may take it upon themselves to have appropriate inspection and testing carried out.
--------------------------------------------------------------------------------------------------------------
BS7671: 2008
Comment: British Standard BS 7671 "Requirements for electrical installations" is the national standard in the United Kingdom for low voltage electrical installations. To view the contents of BS7671 please visit:
http://electrical.theiet.org/books/regulations/17th-edition-amd1.cfm
------------------------------------------------------------------------------------------------------------------------------------
Building Regulations: Part P
Comments: In May 2003 the Government announced that it was introducing a new Part to the Building Regulations, Part P, which would bring domestic electrical installation work in England and Wales under the legal framework of the Building Regulations. It places a legal requirement for safety upon electrical installation work in dwellings, although the sector is highly regarded for its high levels of conformity with its chief standard, BS 7671.
There are self-certification schemes to ensure competency of the work undertaken. Part P of the Building Regulations became a legal requirement on January 1st 2005. Part P is the specific section of the Building Regulations for England and Wales, which relates to electrical installations in domestic properties.
To find out what electrical work in a dwelling Part P applies to visit:
http://www.competentperson.co.uk/pdfs/buildingworkleaflet.pdf and
http://electrical.theiet.org/building-regulations/part-p/faqs.cfm and
http://www.eca.co.uk/industry-advice-and-research/faqs/part-p-faqs-49/
Please do not undertake any electrical work until you have read the above.
-------------------------------------------------------------------------------------------------------------------------------------
For information
In the workplace the Electricty at Work Regulations 1989 (Regulation 4(2)) is the specific piece of legislation relating to maintainence and electrical safety.
Systems, work activities and protective equipment
4.—(1) All systems shall at all times be of such construction as to prevent, so far as is reasonably practicable, danger.
(2) As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.