EICR Change of occupancy

[Michaelwgroves]

I’m debating on a landlords forum on the use of “change of occupancy” on an EICR.
A large number of landlords feel this is to much, and it should be 5 years only, they are asking their electricians not to put this, and in the main their electricians are doing as they ask.
My reading of GN3 table 3.2 is “change of occupancy” is always there, then the period you decide on. How do you read this?

Where this really falls down is in a large HMO, if you had 12 bedrooms, change of occupancy could happen every month. In this case I would just put a period. But GN3 table 3.2 always uses change of occupancy.
In a typical rented property, change of occupancy seems sensible.

 

[Pretty Mouth]

I’m debating on a landlords forum on the use of “change of occupancy” on an EICR.
A large number of landlords feel this is to much, and it should be 5 years only, they are asking their electricians not to put this, and in the main their electricians are doing as they ask.
My reading of GN3 table 3.2 is “change of occupancy” is always there, then the period you decide on. How do you read this?

Where this really falls down is in a large HMO, if you had 12 bedrooms, change of occupancy could happen every month. In this case I would just put a period. But GN3 table 3.2 always uses change of occupancy.
In a typical rented property, change of occupancy seems sensible.

Nothing in the legislation saying it needs to be done on change of tenancy, just says max 5 year interval:

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

These Regulations impose duties on private landlords of residential premises in England in respect of electrical safety standards. The duties do not apply to landlords of social housing. The Regulations require local housing authorities to enforce the duties, and include a power to arrange...

www.legislation.gov.uk

 

[DPG]

I’m debating on a landlords forum on the use of “change of occupancy” on an EICR.
A large number of landlords feel this is to much, and it should be 5 years only, they are asking their electricians not to put this, and in the main their electricians are doing as they ask.
My reading of GN3 table 3.2 is “change of occupancy” is always there, then the period you decide on. How do you read this?

Where this really falls down is in a large HMO, if you had 12 bedrooms, change of occupancy could happen every month. In this case I would just put a period. But GN3 table 3.2 always uses change of occupancy.
In a typical rented property, change of occupancy seems sensible.

I agree, it could definitely be a problem for a landlord if the tenants change often. Not sure the best way round it really. A full EICR every time would work out expensive.

 

[buzzlightyear]

me i would give them 10 years in prison ,its down the tester what he thinks at the time according the scams beano.

 

[DPG]

Nothing in the legislation saying it needs to be done on change of tenancy, just says max 5 year interval:

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

These Regulations impose duties on private landlords of residential premises in England in respect of electrical safety standards. The duties do not apply to landlords of social housing. The Regulations require local housing authorities to enforce the duties, and include a power to arrange...

www.legislation.gov.uk

What about 3 i) c

 

[Pretty Mouth]

What about 3 i) 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.

 

[DPG]

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.

Sorry, yes you are right. I need to read things more carefully!

 

[Michaelwgroves]

Nothing in the legislation saying it needs to be done on change of tenancy, just says max 5 year interval:

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

These Regulations impose duties on private landlords of residential premises in England in respect of electrical safety standards. The duties do not apply to landlords of social housing. The Regulations require local housing authorities to enforce the duties, and include a power to arrange...

www.legislation.gov.uk

The legislation is not prescriptive on the contents of the report, it leaves this to 18th edition. Therefore, do we include change of occupancy or not.

 

[Pretty Mouth]

GN3 tale 3.2 gives recommendations, but it isn't law. Nothing in 652 or elsewhere in BS7671 that leads me to believe that EICR is needed on change of occupancy.

Can't help feeling that if that is what they want, that is what would be in the legislation

 

[Pretty Mouth]

Nothing here either:

Guide for landlords: electrical safety standards in the private rented sector

www.gov.uk

 

[Michaelwgroves]

I've just read the EICR Codebreakers, Part 3 - Frequency of Next Inspection is a good read. NAPIT are suggesting the electrician should suggest a frequency, but it is the responsible persons who is responsible to assessing the safety, and therefore the frequency.
So if the landlord say's I want 5 years, you can advise against, and give your reasons, but it's his call.
So I've just done a complete U-Turn........

 

[loz2754]

Since the new private rented sector regs came out I've stopped using 5 years or change of occupants, I now just put 5 years. If the landlord is conscientious, they may want a visual inspection done on change of occupants, but that would be up to them to decide.

 

[Pretty Mouth]

I've just read the EICR Codebreakers, Part 3 - Frequency of Next Inspection is a good read. NAPIT are suggesting the electrician should suggest a frequency, but it is the responsible persons who is responsible to assessing the safety, and therefore the frequency.
So if the landlord say's I want 5 years, you can advise against, and give your reasons, but it's his call.
So I've just done a complete U-Turn........

Thank god for codebreakers hey, we would never have worked this out without it

 

[Pauls0212]

It is entirly up to the electrician issuing the cert as to how long or whether new occupancy or not. It is not the landlords decision to make.

 

[snowhead]

New Occupancy / new tennacy could be 1 month or 20 years or more.
It's only mention in the Private Rented Sector legislation is in relation to testing prior to April 2021 which has now passed.

(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.

New Occupancy / new tennacy is not an interval.
I doubt it can be found anywhere in the regs or in any guidance on EICR as an interval for testing.

If I was a Landlord requesting a EICR, I'd make it clear at the time of request that I would not accept New Occupancy / New tennacy as a next test due date.

If I was presented with an EICR stating New Occupancy / new tennacy and the tester would not change it, I'd be very confident that no Local Authority or any other entity would be stupid enough to attempt procecution over failing to comply with the legislation within 5 years of that test.

If however the tester wanted to put a time period less than 5 years, then they would also have to state reason(s) why.