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Electrical Safety Obligations

By in Safety and Compliance with 0 Comments

Unlike the gas safety legislation, there is currently* (*see below) no legislation which states that a landlord has is a legal duty to arrange for an annual electrical test to be carried out.

However, under the Landlord and Tenant Act 1975, The Housing Act 2004 (in particular the HHSRS), Part P of the Building Regulations (England and Wales), The Electrical Equipment (Safety) Regulations 1994, the Health and Safety at Work Act 1978 and the Defective Premises Act 1972, a landlord is obligated to ensure that a rental property is safe, and will be liable legally if a tenant is injured or their personal belongings damaged due to a defect in the electrical systems or appliances within a property.

In general terms, a landlord is required to ensure that all electrical installations and portable appliances (appliances with a plug) must be:

1) Safe

2) In good working order

3) In good repair

4) To current standards

Legislation Update 2018

Under the Housing and Planning Act 2016 measures are being introduced to make it a legal requirement for landlords to carry out:

1) A fixed wire test (also known as an Electrical Installation Condition Report) every 5 years

2) A visual condition report on an annual basis/every change of tenancy

3) An annual PAT test

As yet, there is no confirmed date for the implementation of these legal requirements. As an agency, SWR:

1) Arrange annual PAT testing on all managed properties

2) Carry out a basic visual inspection of electrical installations on check in of tenants

3) Are rolling out a fixed wire testing schedule across all managed properties in 2018 in readiness for the new legislation.

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