The new Landlords' EICR requirements. The law says that everything must now be to 18th Edition!

[westward10]

The legislation is aimed at the landlord not the individual carrying out the test and inspection. I agree with @andyb I would carry out the EICR as I would normally do it is then up to the client how they comply with the new legislation.

 

[Julie.]

Yes, I get your point, unfortunately I can see that lawyers and courts might interpret it in quite a different way, 'you were asked to provide a landlord's report in accordance with the legislation as a competent electrician'.

Whilst I agree that what should be done is an inspection in line with periodic inspections as defined in the current edition of the wiring regs (in Scotland, that's what is required under the equivalent legislation) the plain fact is that the English legislation has defined the requirements differently, basically demanding compliance with the current regs.

This opens it up for lawyers to argue for compliance as basically that's what the law states.

I wouldn't want to be the one defending the 'custom and practice', or 'that's what they really meant' against a fancy lawyer, as they may have a better lawyer than I can afford!

 

[Vortigern]

Of course one of the most glaring errors in the S.I. is it does not apply to anyone but private LLs. That means that all of the charitable and social housing organisations are exempt from these requirements. Which I think is pretty pathetic.

 

[Wilko]

I suspect however they will ask you for a report in accordance with the Electrical Safety Standards in the Private Rented Sector as this is what they must obtain.

Hi - as per Andyb, the forms I know of (and use) are the EICR from Appendix 6 of BS7678. Are there other forms or standards that we should now use for domestic rental properties?

Is the intent to require non safety related items to be C2 and therefore force them to be upgraded?

 

[Vortigern]

You might also wish to read the Guidance notes to this S.I. which among other things sets out the requirements of the person doing the tests. I note that there is no requirement to be a member of a CPS! As this is regarded as too much bureaucracy!

 

[Andy78]

Hi - as per Andyb, the forms I know of (and use) are the EICR from Appendix 6 of BS7678. Are there other forms or standards that we should now use for domestic rental properties?

Is the intent to require non safety related items to be C2 and therefore force them to be upgraded?

No it's not

 

[Baddegg]

Of course one of the most glaring errors in the S.I. is it does not apply to anyone but private LLs. That means that all of the charitable and social housing organisations are exempt from these requirements. Which I think is pretty pathetic.

Undermines the whole a bit doesn’t it.....?

 

[UNG]

It could be argued that the legislation was out of date at the time of publication
When I first read it and saw BS7671:2018 as the specified regulation document with no mention of any amendments at a time when BS7671:2018+A1:2020 was already in circulation I thought that the document had been hurriedly put together and had not been properly read though before being committed to law

 

[snowhead]

If you go on any of the many Landlord Forums or Facebook pages you'll see this has been widely discussed and the view of all the Experts and Legal persons is that L-L properties do not have to fully comply with the 18th any differently to any other properties.
Landlords will not suddenly be having all their properties upgraded, only "Items requiring urgent remedial action"

(edit)
And a New Tenancy can apply to an existing Tenant so the need for Inspection could apply before the 2021 date without a change of Tenant.

 

[westward10]

Yes, I get your point, unfortunately I can see that lawyers and courts might interpret it in quite a different way, 'you were asked to provide a landlord's report in accordance with the legislation as a competent electrician'.

Whilst I agree that what should be done is an inspection in line with periodic inspections as defined in the current edition of the wiring regs (in Scotland, that's what is required under the equivalent legislation) the plain fact is that the English legislation has defined the requirements differently, basically demanding compliance with the current regs.

This opens it up for lawyers to argue for compliance as basically that's what the law states.

I wouldn't want to be the one defending the 'custom and practice', or 'that's what they really meant' against a fancy lawyer, as they may have a better lawyer than I can afford!

What the legislation demands is irrelevant to the individual carrying out the test and inspection. This legislation is aimed at the landlord it is therefore up to them what extent of remedial works is required from the submitted EICR.

 

[snowhead]

If the Legislation could in any way be interpreted to compell LandLords to update all thier properties the the 18th before April 2021, then there would have been more Landlords marching on Parliament than there have been BLM and others recently.

 

[Julie.]

Whilst I don't disagree with a sensible approach, the fact is the Legislation is worded poorly, and is open to interpretation that it means compliant.

Landlords I have no doubt believe that by requesting a report on the safety of the electrical system in accordance with the legislation by a professional and then acting upon it would be a valid defence - and it should be.

We only need an incident similar to Grenfell and the courts will be looking at the following "facts":
The Legislation says compliant.
The landlord received a report from a professional stating no work was required (or there was and it was done).
The professional decided that although it was not compliant "it was OK".
The subsequent fire caused a major incident, 10 innocent lives lost and horrific scenes played across the media.

(Obviously not a real incident here - just an example of how it may play out)

I mention the Grenfell thing because the media, and everyone is out gunning for anyone and everyone connected with it, yet I have no doubt that when it was done the people involved all went along the lines of custom and practice, along with carefully worded contracts and reports, believing this would protect them. In fact these are now viewed as "slimy ways for professionals to evade their duties" when actually they did not believe they were doing anything wrong. (And most probably haven't)

 

[Pre]

Straight out of the guidence notes to the S.I.

"12.4 The average cost of mandatory five-yearly electrical safety checks is estimated at £31 per year per property, totalling £33m. 78% of landlords already have electrical safety checks, so they will not be affected by this cost until they are due for a new inspection. There will also be an estimated one-off familiarisation cost of £14m to landlord."

I would love to know where they got there figures from for this. £155 for an average EICR (if completed every 5 years) may well be applicable to a 1 or 2 bed flat/ apartment or small house, but in reality we all know that larger properties with older/ modified electrical systems may well require a lot more time to ensure a thorough inspection is completed. Combine this with the fact that many rental properties are in areas where electrician's labour costs are much higher, such as large inner city areas, it would seem that this average price is not really a true reflection of reality. There have already been many cases of so called "drive by" EICR tests being carried out by "competent" electricians, so will this continue to be the case if landlords expect to pay this average price?

 

[Grant1987]

What the legislation demands is irrelevant to the individual carrying out the test and inspection. This legislation is aimed at the landlord it is therefore up to them what extent of remedial works is required from the submitted EICR.

That’s exactly my way of thinking I conduct all my EICR’s to current regulations and any consumer units not meeting fire rated standards i deem as unsatisfactory although I know a lot of sparks class this as C3 I prefer to be more strict and don’t try to find ways around upgrading just upgrade the installation to satisfy current regs simple in my way of thinking. Although I do understand that financially it could be detrimental to the landlords but that’s what the rent payment is for maintenance and upkeep on your property.

 

[suffolkspark]

I conduct all my EICR’s to current regulations and any consumer units not meeting fire rated standards i deem as unsatisfactory although I know a lot of sparks class this as C3 I prefer to be more strict

A plastic consumer unit is a C3 if in sole means of escape, otherwise can have a note made or nothing at all. It does not trigger an unsatisfactory report. You best get yourself a best practice guide