Jungle Property Blog

Firstly it is important to point out there is no legal requirement for landlords to inspect and test the electrical installation. However landlords do have an obligation that anything they supply to tenants is safe and the surest way of achieving this is through inspection and testing.

Electrical Safety First recommends regular periodic inspections. These should be carried out by a registered electrician. After a periodic inspection, you should always be given an Electrical Installation Condition Report (EICR) containing details of the inspection and testing undertaken, the outcomes of the inspection and testing with recommendations as to what remedial action (if any) is required, and a declaration of whether or not the installation is safe for continued use.

What ~ Periodic inspection (sometimes called formal inspection and test or periodic inspection and test)

When ~ The maximum period recommended between the initial inspection (when the installation was first put into service) and the first periodic inspection and test is five years.
Periods between subsequent inspections will depend on the condition of the installation at the time of the preceding inspection, but it is recommended that periodic inspection and testing is carried out at least every five years or at the end of a tenancy, whichever comes first.
Where a change of tenancy occurs after a short period (for example less than six months), a full periodic inspection and test may not always be needed (see Visual check below)

Who ~ Carried out by a registered electrician.

Product ~ Electrical Installation Condition Report (EICR). A schedule of circuit details and test results should always be provided as part of the Electrical Installation Condition Report and should be kept next to the consumer unit (fusebox) for information purposes.

What ~ Visual check (sometimes called an interim check or electrical safety check)

Where a change of tenancy occurs after a short period (for example less than six months), a full periodic inspection and test may not always be needed. However, in such cases, the landlord or their representative should always carry out a visual check to confirm that the property is safe to re-let.
The visual check should include ensuring that there are no burnt, broken or missing switches or sockets, no accessible live parts, no signs of burning on electrical equipment, and carrying out a manual test of any installed RCDs. Things to look out for include:
• Broken accessories (such as sockets and light switches).
• Signs of scorching around sockets due to overloading.
• Overheating of electrical equipment (such as lampholders fitted with the wrong lamps) – usually detected by a strong, often fishlike, smell.
• Damaged cables to portable electrical appliances or trailing cables/flexes.
• Circuit breaker protecting the circuit.

A visual check is only be carried out where a formal inspection and test (EICR) has been carried out on the property (within the last 5 years) and any actions recorded on the EICR have been addressed.

Who ~ Carried out by an electrician or the landlord or their representative.

Product ~ If carried out by an electrician will produce a Visual Condition Report (VCR). If carried out by the landlord or his representative they will typically complete a Landlords’ Interim Checklist (checklist here)

Electrical Safety First provide a Home ‘Electrical Safety Check’ app details of which can be found here

Inspection and testing of electrical appliances, often called portable appliance testing (PAT), is not included in any of the above. More information on the inspection and testing of electrical appliances can be found here

Further reading
Landlords’ Guide to Electrical Safety here

Firstly it is important to point out there is no legal requirement for landlords to inspect and test electrical equipment. However landlords do have an obligation that anything they supply to tenants is safe and the surest way of achieving this is through inspection and testing.

Since we wrote the last article on this topic here there have been two significant developments. In March 2011, the government asked Professor Ragnar Löfstedt, Director of the King’s Centre for Risk Management at King’s College London, to conduct an independent review of health and safety regulations to identify opportunities to simplify the rules. On 28th November 2011the Löfstedt report was published, here highlighting a significant level of legislative over-compliance by industry. One key issue identified in the report was confusion over PAT testing – widely misunderstood as a requirement to carry out inspection and testing annually, regardless of equipment type, usage or environment. Inspecting or testing annually has never been a requirement, and a new Code of Practice was published to emphasise and expand on this. In November 2012 the IET published the 4th edition of the Code of Practice for In-service Inspection and Testing of Electrical Equipment.

The 4th edition has been written to emphasise the need to ‘risk assess’ the requirement for any inspections and tests. Risk assessments are vital to understanding what can affect any electrical equipment in use, and to be sure of its continued safe use.

The dutyholder (landlord) is responsible for ensuring a risk assessment is carried out for electrical equipment they provide to tenants. The dutyholder can appoint a competent person or persons to undertake the risk assessment and take day-to-day responsibility for controlling any identified risk, known as the ‘responsible person’.

In the past PAT testing has, in the majority of cases, been conducted by external contractors. These contractors have then, quite wrongly, set the frequency of the subsequent inspections and tests without consultation or input from the dutyholder, and without an adequate – if any – risk assessment.

The risk influencing factors are:
• The environment
• The users
• The equipment construction
• The type of equipment
• The frequency of use
• Type of installation methods
• Previous records

In many cases, table 7.1 in the Code of Practice was used or misinterpreted as a definitive frequency chart which is not correct. Table 7.1 is only intended to provide guidance on initial frequencies, and should only be used as a starting point where previous inspection and testing records and risk assessments are not available. Ongoing frequencies should be determined from a risk assessment.

Below are some common examples of Class I electrical equipment provided in rental property and the frequency of checks, inspection and testing:

	User Checks	Formal Visual Inspection	Combined Inspection and Testing
Stationary Appliance – Washing machine, dishwasher, dryer, fridge, freezer	None	24	60
Portable Appliance – Toaster, kettle, food mixer, table lamp, vacuum cleaner, fan	Weekly	12	24
Hand-held Appliance – Iron, hedge trimmer	Before use	12	24

• It is normally not necessary to test new items of equipment as the manufacturer has already tested them.

A copy of the original table 7.1 can be found here

Who

The dutyholder (landlord) is responsible for ensuring a legionella risk assessment is carried out. The dutyholder can appoint a competent person or persons to undertake the risk assessment and take day-to-day responsibility for controlling any identified risk from legionella bacteria, known as the ‘responsible person’.

What

Check competence

The dutyholder should check that the appointed responsible person has sufficient authority, competence and knowledge of the installation to ensure that all operational procedures are carried out effectively and in a timely way.

Carry out a legionella risk assessment

All systems require a legionella risk assessment. Where the assessment demonstrates there is no reasonably foreseeable risk or that risks are insignificant and unlikely to increase, and are properly managed, no further assessment or measures are needed. Examples:

(a) in a small building without individuals especially ‘at risk’ from legionella bacteria (people over 45, smokers and heavy drinkers, people suffering from chronic respiratory or kidney disease, diabetes, lung and heart disease or anyone with an impaired immune)
(b) where daily water usage is inevitable and sufficient to turn over the entire system;
(c) where cold water is directly from a wholesome mains supply (no stored water tanks);
(d) where hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50 °C);
(e) where the only outlets are toilets and wash hand basins (no showers).

Prepare a written scheme

If a risk has been identified, a written scheme should be prepared for preventing or controlling it. In particular, the written scheme should contain the information about the water system needed to control the risk from exposure.

Review the legionella risk assessment

The legionella risk assessment should be reviewed regularly in case of any changes to the system and specifically if there is reason to suspect it is no longer valid and make any necessary changes as a result of that review {If anyone tells you this should be reviewed annually, ask them to show you the regulation or HSE guidance that says so}. This may result from, e.g.:

(a) changes to the water system or its use;
(b) changes to the use of the building in which the water system is installed;
(c) the availability of new information about risks or control measures;
(d) the results of checks indicating that control measures are no longer effective;
(e) changes to key personnel;
(f) a case of legionnaires’ disease/legionellosis associated with the system.

Further Reading:
Legionnaires’ disease – The control of legionella bacteria in water systems
The Control of Substances Hazardous to Health Regulations 2002 (as amended) in particular regulations 6,7,8,9 & 12
Legionnaires’ disease – Part 2: The control of legionella bacteria in hot and cold water systems