Electrical Safety Certificate EICR

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    Electrical Safety Certificate EICR

    Hi

    I noticed a new law means landlords need to arrange an EICR for new tenancies after July 2020 or before April 2021.

    Please can I get some advice on this? I started a tenancy in May 2020 - this is due to expire in November 2020. However it is likely the tenancy will be renewed for another 12 months from November 2020.

    I don't understand the action dates in the law very well, but does this mean I need to get this certificate by November 2020 or can I get it by April 2021 because the same tenants are likely to remain in the tenancy agreement?

    Thank you.

    #2
    Assuming that your property is in England, as per RLA any tenancy you create or renew on or after July 1st 2020 will require an EICR. Renewals in this case include statutory periodic tenancies that are created at the end of a fixed term on or after this date.

    The way I read it, you will require an EICR before Nov 2020, whether the same tenant stays on (SPT or new fixed term) or new tenants move in.

    Comment


      #3
      Yes the property is in England. Thank you for responding,

      Kind regards

      Comment


        #4
        Hi ,

        Sorry to jump in on your thread, I confess I'm still a little confused. I have 6 properties all let on AST with 4 on periodic having progressed beyond the initial 6 month fixed term. One of my tenants was keen to have the additional security of another fixed term after their initial 6 months so they are now in month 4 of a second fixed 6 month term.I would like to let this move to periodic at the end of this 6 months fixed term.
        My expectation was that I would need to arrange electrical certs for any properties that became empty after 1st of July this year before re letting and that I would need to get certificates for all the houses before April 21. Given the comments above am I correct in thinking that I will need certs for all properties prior to July 1st this year ?

        Thanks for your help

        Grim

        Comment


          #5
          It applies to new tenancies, so you'll need certification before the two tenancies begin periodic tenancies if they are going to be Statutory Periodic Tenancies, because they are a new tenancy.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            This is the message I got from my estate agent:

            Even if the tenancy become SPT, it will still be considered an existing tenancy. Therefore, you will need to get an EICR by 1stApril 2021.

            Comment


              #7
              JP and Perce, thanks both for your comments , they just seem to demonstrate the lack of clarity on the subject

              Comment


                #8
                Originally posted by Perce View Post
                This is the message I got from my estate agent:

                Even if the tenancy become SPT, it will still be considered an existing tenancy. Therefore, you will need to get an EICR by April 2021
                I would advise that you take this up again with your agent.
                Most legislation relating to tenancies does exclude follow on tenancies when making requirements for "new tenancies", but this one doesn't.

                While that might be an error in the drafting, it does mean that because a new SPT is a new tenancy an EICR is required.

                I don't think there's any lack of clarity on the subject, I have not seen anything anywhere reputable that suggests an EICR is not needed for an SPT.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  In fact, there you go, the government published a new guide, yesterday
                  https://www.gov.uk/government/public...-rented-sector
                  which confirms that SPTs are new tenancies and an inspection is required.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    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 would be a new tenancy. Therefore, properties let on statutory periodic tenancies where the Fixed Term expires between 1 July 2020 and 1 April 2021 will require an inspection and test at this point under the Regulations.

                    Comment


                      #11
                      So if the tenancy becomes periodic before 1st July you don’t need to do an electric test.

                      Comment


                        #12
                        If you have plastic consumer units as most properties do and are perfectly safe, would this fail the test as per the current regs you need a metal one

                        Comment


                          #13
                          No one knows and it's likely to depend on the person doing the inspection.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            NAPIT have now issued guidance in conjunction with the NRLA that reiterates that installations that don't fully meet the 18th editing wiring regulations are not necessarily unsafe. I think I will probably use a NAPIT accredited electrician so that at least there is some comeback if they start to demand unnecessary upgrades.

                            Comment


                              #15
                              Originally posted by lavy View Post
                              If you have plastic consumer units as most properties do and are perfectly safe, would this fail the test as per the current regs you need a metal one
                              The Government guidance suggests not (under "What will the report show?").
                              C1, C2 and F need action; C3 does not (C3 is "safe but not to current standards for new installations"

                              Comment

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