- Reaction score
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As per my post above, I think this is a point worthy of debate.There is no legal requirement to have an EICR completed upon a change of tenancy/occupation, but there are some recommendations to do so.
As we all know, BS7671 isn't a statutory instrument, so therefore any and all of it can be considered 'advisory' - as such, the advice (GN3) is upon change of tenancy. However - we are also informed by EAWR89 that BS7671 is considered ACOP to be adhered to. It therefore follows that EAWR89 - which is obviously statute - implies a requirement to inspect as per 652.x and GN3..... which leads us back to change of tenancy. The 2020 Act simply adds another layer of protection by adding in the five year rule over the top and more importantly does also specify "..is inspected and tested...before the tenancy commences in relation to a new specified tenancy.."
Directly from the Act: ( The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 - https://www.legislation.gov.uk/uksi/2020/312/regulation/3/made )
Duties of private landlords in relation to electrical installations
3.—(1) A private landlord(1) who grants or intends to grant a specified tenancy must—
a)ensure that the electrical safety standards are met during any period when the residential premises(2) are occupied under a specified tenancy;
(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and
(c)ensure the first inspection and testing is carried out—
(i)before the tenancy commences in relation to a new specified tenancy; or
(ii)by 1st April 2021 in relation to an existing specified tenancy.
(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—
(a)at intervals of no more than 5 years; or
(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.