December 2022’s introduction of The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 meant it became a legal requirement for the electrical installation in all rented in Wales to undergo ‘periodic inspection and testing’ (PIT), which typically the production of an Electrical Installation Condition Report (EICR).
When an EICR is produced, it involves the inspecting and testing of the property’s electrical installation by a qualified person, such as a registered electrician, to ensure it’s safe for continued use. The inspection will detail if any of the electrical circuits or equipment is overloaded, whilst also finding any potential electric shock risks and fire hazards. On top of this, the electrician will identify any defective electrical work and highlight any lack of earthing or bonding.
What will be displayed on the EICR?
The report will detail any deterioration, defects, dangerous conditions and any non-compliance with the present-day safety standards that might give rise to danger. It will also offer recommendations to make good these observations. Some findings are only recommendations, whereas others are ‘must do’ – and until they’re done, the property remains non-compliant.
As Cardiff's largest manager of homes in the private rented sector, our landlord clients can be assured that our buying power with local contractors means we're able to secure the best possible price for EICRs.
Regularity of testing
The new legislation requires landlords to have their electrical installation tested on less than every five years, unless the previous report has indicated that a shorter timeframe is required.
On top of this, it’s considered best practice to visually inspect fixtures such as plug sockets and lights, as well as appliances and cables, during visits to the property, particularly between tenancies. These visual checks can be done by any competent person, meaning they don’t have to be qualified or registered.
Tenants – or contract-holders, as they’re known in the new Act – must be provided with a copy of the report within 14 days of their tenancy starting. They must also be provided with written confirmation of any work that may have been carried out following recommendations made on the certificate.
Similarly, when a new report is produced, tenants must be issued a copy within 14 days. Again, if work is carried out as a result of recommendations made, they must be told in writing.
Although domestic fires are reducing, the proportion of fires in homes caused by electricity is steadily increasing. We needn’t go into the danger and threat to life that fire can cause, so the worst possible outcome for not complying is clear.
Additionally, the legislation states that a property will be deemed unfit for human habitation if there isn’t a valid report on file. As such, it will be incredibly difficult for a landlord to claim that rent is due for this 'uninhabitable' period, in our view.
The Regulations state there must be a report “setting out the results of an electrical safety inspection”. This inspection is defined as the inspection and testing of every electrical service installation in a dwelling in accordance with the electrical safety standards, whilst “electrical safety standards” is defined as meaning the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671:2018+A1:2020.
As such, landlords who have been issued with an Electrical Installation Certificate (EIC) following a new installation have sought clarification on whether this is acceptable instead of an EICR. Welsh Government guidance says an EIC is acceptable as long as it certifies that the electrical service installation in the whole of the newly built dwelling has been installed, inspected and tested in accordance with the electrical safety standards.
Want to know more? Head on over to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 or Welsh Government’s accompanying guidance.
Frustrated by the complexities of the Renting Homes (Wales) Act and the industry’s ever-changing laws & regulations? We're specialists in navigating through Welsh landlord legislation and the intricacies that other agents might miss. Our Compliance Team stay ahead of the curve, ensuring our clients always have ironclad occupation contracts and complete legal protection.
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The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.