EICR - Frequency of Test question.

[Acme Audio]

Just after a bit of advice, my wife's rental property had a new installation to 17th Edition in 2013 and in June this year had an EICR performed as a new tenant moved in. The same tenant is renewing their agreement for a further sixth months and the letting agency is saying that a new EICR is to be undertaken. I could understand this if the tenant was moving out and another new tenant was to be occupying the property, but to require the EICR to be done every 6 months seems extreme, for the same person to be occupying the property, as government guidelines state a 5 year maximum between tests, 6 months seems extreme.

What are your thoughts on this?

Many Thanks

Adam

 

[James]

I would have to check the wording of the legislation but if memory serves me correct it is on change of tenancy.

 

[Des 56]

They are not being reasonable considering the circumstances
The problem as I see it,their own rules/guidelines may insist on the report being dated to match the agreement or something akin

The problem is you want their services and other than them agreeing to something like a visual inspection ( attatch to the existing eicr) you may have to abide by their request

 

[James]

What about where tenancies ‘roll over’ into periodic tenancies? Will that count as a new tenancy?​

Whether or not a ‘periodic’ tenancy is a new tenancy, as defined in Regulation 2, depends on the type of tenancy issued.

• For ‘contractual periodic tenancies’ – where it is written in the original tenancy agreement that on expiry of the fixed term the tenancy will become periodic – the periodic tenancy will be part of the same tenancy and no new tenancy will be created.
• For ‘statutory periodic tenancies’ – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy will be a new tenancy.

Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations.

full document is here
https://www.gov.uk/government/publi...safety-standards-in-the-private-rented-sector

 

[Acme Audio]

I would have to check the wording of the legislation but if memory serves me correct it is on change of tenancy.

This is from the gov.uk website, as far as I can see this doesn't read technically that it's change of tenancy either, just the 5 years. In previous rentals I've always worked to 5 years or new tenant prior to this update.

2. What do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require?​

Landlords of privately rented accommodation must:

• Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671.
• Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 years.
• Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test.
• Supply a copy of this report to the existing tenant within 28 days of the inspection and test.
• Supply a copy of this report to a new tenant before they occupy the premises.
• Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report.
• Supply the local authority with a copy of this report within 7 days of receiving a request for a copy.
• Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
• Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
• Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works.

 

[Acme Audio]

What about where tenancies ‘roll over’ into periodic tenancies? Will that count as a new tenancy?​

Whether or not a ‘periodic’ tenancy is a new tenancy, as defined in Regulation 2, depends on the type of tenancy issued.

• For ‘contractual periodic tenancies’ – where it is written in the original tenancy agreement that on expiry of the fixed term the tenancy will become periodic – the periodic tenancy will be part of the same tenancy and no new tenancy will be created.
• For ‘statutory periodic tenancies’ – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy will be a new tenancy.

Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations.

full document is here
https://www.gov.uk/government/publi...safety-standards-in-the-private-rented-sector

This from the same page contradicts this.

If an inspection took place and a satisfactory report was issued before the 18th edition of the Wiring Regulations came into force, but less than 5 years ago, will a landlord always need to have the property inspected again as soon as the Electrical Safety Regulations come into force?​

Regulation 3 requires that landlords have the electrical installation inspected and tested at intervals of no longer than every 5 years. Electrical safety standards (the 18th edition of the Wiring Regulations) must be met throughout the period of that tenancy.

The 18th edition of the Wiring Regulations came into effect in 2019, so if a landlord already has a report for a property that was carried out after this date and has complied with all the other requirements of the Regulations, they won’t have to have another inspection for 5 years, provided the report does not state that the next inspection should take place sooner.

Existing installations that have been installed in accordance with earlier editions of the Wiring Regulations may not comply with the 18th edition in every respect. This does not necessarily mean that they are unsafe for continued use or require upgrading.

It is good practice for landlords with existing reports to check these reports and decide whether the electrical installation complies with electrical safety standards. Landlords might also wish to contact the inspector who provided a report to ensure the installation complies with electrical safety standards.

 

[snowhead]

They are wrong.
The only need for an EICR at change of tenancy (up untill April 2021 ) is if there isn't a current in date EICR.

 

[James]

They are wrong.
The only need for an EICR at change of tenancy (up untill April 2021 ) is if there isn't a current in date EICR.

Unless I read it all wrong when it first came out.

You are correct.

property just needs to have a current eicr that is within its date range.
needs to have been done before tenancy started and at no less than every 5 years.

in your situation, the report has been done before the tenancy started (6 months or more before) and no need to renew it until 5 years is up, even if there was a new tenant moving in.

Duties of private landlords in relation to electrical installations​

3.—(1) A private landlord(1) who grants or intends to grant a specified tenancy must—

(a)ensure that the electrical safety standards are met during any period when the residential premises(2) are occupied under a specified tenancy;

(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and

(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.

(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.

(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—

(a)obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;

(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;

(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;

(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and

(e)supply a copy of the most recent report to—

(i)any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and

(ii)any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.

 

[James]

I would be asking the letting agent to justify why the new report is needed and ask them specifically to point out the legislation to back it up.

 

[DPG]

Plenty of people let houses out on 6 month short term contracts with the same tennants. Pretty ridiculous that an agent would think that a full EICR needs to be done every 6 months!