Electrical Regulations – Apply to ALL New Tenancies (including renewals) from 1 JUNE 2020

There has been a lot of confusion surrounding the government guidance on 5 yearly electrical inspections and implementation dates.

Original guidance was for the regulations to apply to new tenancies from 1 July 2020, updated guidance stated tenancies which began ON or AFTER 1 June 2020 were included (even though this guidance came out in the middle of June).

MCHLG has confirmed to the NRLA

  • The regulations apply to tenancies granted from 1 June 2020.
  • The requirement to provide an EICR or similar applies from 1 July 2020.
  • This means that any tenancies granted from 1 June 2020 will be required to have an EICR or similar from 1 July 2020, there is a grace period of one month for tenancies granted from 1 June 2020.

The regulations will continue to be rolled out to all existing tenancies in England from April 2021.

If your tenancy agreement DOES NOT include a clause specifying how the tenancy will continue after the end of the fixed term are ‘statutory periodic’ tenancies you will need to have an inspection undertaken.  If you are unsure, get one done anyway.

If one of your tenancies began or renewed anytime in June, you should write to your tenant(s) explaining the situation and requesting permission for access for the inspection to take place at the earliest opportunity.  Make it clear in that letter that the tenant can refuse access if isolating or shielding due to Covid-19. 

If the tenant does not reply the landlord should make further attempts, in writing, and keep copies of all correspondence. 

If the tenant refuses permission keep copies of correspondence and make regular attempts to negotiate entry with the tenant.  Some tenants may prefer to arrange access with the electrician, but do not permit the tenant to specify the electrician to be used.