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A Hastings landlord has been fined £10,000 after failing to provide a satisfactory Electrical Installation Condition Report (EICR) to Hastings Borough Council.
The council had requested that the landlord provide the certificate, which shows that electrical safety standards are met within a property. It is a legal requirement to produce the certificate when a council asks for it. The Housing Renewals team at the council worked with the landlord, and after he failed to provide the certificate, the council took court action. An appeal to the First Tier Tribunal (Property Chamber) by the landlord has been struck out for failing to comply with directions given by the tribunal.
Cllr Glenn Haffenden, lead councillor for Housing and Community Wellbeing, said: “Regular and timely checks of the electrics within properties is an important safeguard for occupiers as faults and issues with electricals may not always be visible. The consequence of faulty installations that go undetected may not only put occupiers at risk of electrical shocks but also contribute to other hazards such as fires.
“As a council we are keen to support our landlords who provide a much-needed contribution to the private rented sector in the town. Our team of officers will engage with landlords where appropriate to achieve compliance. However, where this is not appropriate or engagement is not forthcoming, we will not hesitate to take proportionate enforcement action. This protects occupiers but also helps to support a level playing field for those landlords who do comply with their duties and responsibilities.”
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were implemented to ensure that electrical safety standards are met in properties in the private rented sector and cover a range of issues including: how and when checks of electrical installations are carried out, who may carry out checks and that certificates are provided confirming that standards have been met. Each Local Authority has the regulatory duties and powers to ensure compliance with these regulations and failure to comply can attract a financial penalty of up to £30,000.
SWLA remind all members to keep an in date EICR for each privately rented property. Diarise the re-inspection before each EICR expires, the expiry is usually 5 years but can vary.
A few facts about EICRs
An EICR is a report carried out to assess the safety of the existing electrical installation within a property and is used to describe its condition. Parts of the system that are reported on include consumer units, protective bonding, lighting, switches and sockets etc. Its purpose is to confirm as far as possible whether or not the electrical installation is in a safe condition. The EICR will show whether the electrical installation is in a Satisfactory or Unsatisfactory condition and will detail a list of observations affecting the safety or requiring improvements. These observations will be supported by codes:
Unsatisfactory Codes are:
A Satisfactory Code is:
Action is required if the EICR issued is Unsatisfactory. If an EICR contains a C1, C2 or FI code, it is unsatisfactory. If a C1 is discovered, the electrician will often take action to make safe the dangerous installation using temporary measures. Then, as is also the case with a C2 or FI code, it will be the owner’s responsibility to organise a repair, replacement or further investigation within 28 days.
A C3 code ‘improvement recommended’ is given to aspects of the installation that do not present a danger but will result in an increased safety standard within the property. Occasionally a C3 code may be attributed to an item that does not comply with current regulations but did comply at the time it was installed. A C3 code does not mean the installation is unsafe and should not impose a requirement to have work carried out on the owner. Where there are only C3 observations listed, this will result in a satisfactory EICR being issued.
If you receive an unsatisfactory report
Send a copy of the report with proof of remedial work being completed to the Local Authority within 28 days. This requirement was introduced to alert the Local Housing Authority to any properties which may have been substandard but are now safe. You must submit the unsatisfactory report along with written confirmation (appropriate certification as outlined above) to demonstrate you have had the required remedial and/or further investigative work done. It is your responsibility as a private landlord to do this and failure to comply could result in enforcement action being taken against you.
For further information see NAPIT landlord guidance; Microsoft Word – Landlord Guidance FAQs (napit.org.uk)
Article Abridged from Hastings Council and NAPIT
