List of electrical and legal responsibilities and obligations that the landlord must meet. Failure to comply may result in legal action.
Please note that this article only applies to single-let private residential homes in England and Wales that are subject to the Housing Act (the official rule book).
If you’re looking for a rental in England or Wales, you’ve come to the right place.
Landlord’s Permit
The Housing Act of 2004 establishes a “landlord licencing” regime under sections 79, 80, and 81.
Electrical appliances in Landlords holding properties in specific locations must obtain a “landlord licence” from their local municipality before renting their properties. These places were chosen because of low housing demand and severe anti-social behaviour issues. Fines of up to £20,000 can be imposed if this is not done.
A landlord must demonstrate that they are functioning within the law and taking suitable actions to manage their properties, as defined by the local council, to qualify for a licence. You can phone your local council or talk to local letting agents if you’re not sure if your property is in a landlord licencing zone.
Regulations Concerning Gas Safety
The electrical Gas Safety Regulations of 1998 make it a legal requirement for all residential property landlords to keep all gas appliances, pipework, and flues in good working order.
A Gas Safe Registered Engineer must conduct an annual inspection of any gas appliances the landlord provides on the premises. A guaranteed Gas Safety Certificate is issued following the inspection as proof of inspection; both the tenant and the landlord should preserve a copy.
New renters should obtain a copy of the certificate at the beginning of their tenancy, and current tenants should receive a copy within 28 days after the check date.
This restriction does not apply if your rental property does not use gas.
Housing Act of 2004 on Fire Safety
Both the electrical Housing Act of 2004 and the Regulatory Reform (Fire Safety) Order of 2005 apply to this area of legislation.
Landlords have a legal obligation to guarantee that the property they rent is safe. All residential properties must follow building regulations in England and Wales.
- The Furniture and Furnishings Regulations of 1993 are a set of rules that govern the sale of furniture and furnishings.
- Landlord-supplied furnishings and upholstered furniture must exceed fire resistance standards, which include:
- Beds, bed headboards, and mattresses
- Convertible couches, sofa-beds, futons, and other furniture
- furniture for a nursery
- pillows, bean bags, window seats, and seat pads; scatter cushions, bean bags, window seats, and seat pads
- cushioned chests and padded stools
- Garden loungers/seats and pop-up beds
- Furniture covers that are loose and stretchy
These requirements apply to furniture created after March 1989, most of which will be labelled as such.
The rules do not apply to the following:
- Bags for sleeping
- Pillowcases, duvets, and bedclothes
- Unattached mattress coverings
- draperies and rugs
Non-compliance with the abovementioned regulations is a criminal offence punishable by a £5,000 fine, six months in prison, or both.
Human habitation suitability
The following considerations are considered when deciding whether a house is “unfit for human habitation,” according to Section 10 of the Housing Act:
- repair
- stability (i.e. the system should not be shaky),
- free from dampness (i.e. if there are severe damp issues),
- internal layout
- the use of natural light (i.e. there should be enough natural light),
- air circulation (i.e. there should be enough ventilation),
- supply of water (i.e. there should be a supply of hot and cold water),
- sewage and sanitary facilities (i.e. if there are problems with the drainage or the lavatories),
- facilities for food preparation and cooking, as well as wastewater disposal;
Section 11 of the Landlord and Tenant Act of 1985 governs repairs and maintenance.
The construction and exterior of the property are the landlord’s responsibility, as are bathtubs, sinks, and other sanitary goods, as well as heating and hot water facilities.
However, this only applies if the renter has a fixed tenancy term for less than seven years; otherwise, the tenant is responsible for these difficulties. The landlord is not liable for the renters’ damages.
The landlord is responsible under section 11 of the Landlord and Tenant Act 1985 to:
- Maintaining the property’s structure and exterior, including drains, gutters, and external plumbing, is in good working order.
- maintain the provision of water, gas, electricity, and sanitation systems in good shape and functioning order
- Keep space heating and water heating installations in good repair and functioning order.
- The Electrical Equipment (Safety) Regulations are a set of rules that govern the use of electrical equipment.
- The Electrical Equipment (Safety) Regulations 2016 apply to any electrical equipment first put on the market on or after December 8, 2016.
- The Electrical Equipment (Safety) Regulations of 1994 apply to any electrical equipment initially sold before December 8, 2016.
Landlords must verify that any electrical equipment and items provided with the rental property are in safe operating order, according to the regulations.
Using a competent electrician to conduct a PAT test is the best approach to confirm that any electrical appliances offered with the rental premises are in safe functioning order (Portable appliance testing). PAT is not a legal necessity, but it is a prudent precaution to protect the security of your appliances.
For English Landlords
From July 2020, landlords in England will be expected to have their rented property’s “fixed” electrical installations (e.g. light fittings, plug sockets, fuse box, etc.) regularly inspected and tested by a certified electrician. Electrical Safety Inspection/Report discusses this in further depth further down.
In Wales, Landlords
Landlords in Wales are currently required to have an ‘Electrical Installation Condition Report’ (EICR). However, they are an excellent way to assure and maintain electrical safety, akin to PAT testing. For more information about landlord tanent disputes you might have a look at solicitors in London W2.