Last week’s confusion over the government’s guidance on the new electrical safety regulations for existing tenancies has been cleared up after it was chased up by the National Residential Landlords Association (NRLA).

Previous guidance on the regulations published at the beginning of June said they would apply to new tenancies from 1 July 2020.

But the updated guidance published last week said the regulations would apply from 1 July 2020 for tenancies that began on or after 1 June 2020.

This therefore ‘back-dated’ the regulations and worried many landlords that they were suddenly non-compliant.

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The Ministry of Housing, Communities and Local Government (MHCLG) has now confirmed that while the regulations do apply to tenancies begun from 1st June onwards, landlords have until next week (1st July) to get their certifications paperwork sorted out.

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

But the NRLA is warning landlords to check the wording of the AST contracts because, for some, when the fixed term comes to an end and the tenancy rolls on, this may be considered a new tenancy and therefore the property will need an Electrical Installation Condition Report (EICR).

Statutory periodics

“Tenancy agreements that do not have any clause in them specifying how the tenancy will continue after the end of the fixed term are ‘statutory periodic’ tenancies,” the NRLA says.

“For such tenancies, Section 5 of the Housing Act 1988 steps in to create a brand new tenancy agreement known as a statutory periodic tenancy which is separate from the original fixed term.”

The NRLA has been working with the National Association of Professional Inspectors and Testers (NAPIT) on guidance for landlords.

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7 COMMENTS

  1. I’m reading updated (19th June) guidance from MHCLG on the Gov.uk website and it says the regulations apply to new tenancies from 1st July 2020. Every legal update website I reads says new tenancies from 1st July. NAPIT says all new tenancies from 1st July. Where can I get further clarification of the MHCLG confirmation that it’s actually new tenancies from 1st June? Its confusing and I just want to make sure weve got it right.

  2. I agree with Kelly, in black & white on Gov.UK website it states:-
    “The Regulations apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2020”

  3. From everything I have read, electrical testing needs to be carried out for any new tenancies as of 1st July, but any pre existing tenancies from April next year – but even the government website has its dates incorrect for this saying pre existing tenancies need to be carried out by April 2020 – in which case all Landlords have missed this date!

  4. I paid an NICEIC electrician I found on their website for an ECIR, the electrician said the consumer unit was safe but he still has to replace it to the latest edition. I told him to go ahead, when the electrician came to replace the consumer unit he told me he does not know where to switch off the main electrical supply that I should find out from the council that owns the block of flats. I contacted the council by email and their reply was that I should get a competent electrician.

    The question now is where do I find a competent electrician?

  5. Irrespective of mistakes in the government guidelines, extremely poor though that is, the actual legislation clearly states the regs apply to new tenancies from 1st July 2020, and to existing tenancies from 1st April 2021. So assuming the regulations themselves are correct, this article is only adding to the confusion, which is disappointing, given that Landlord Zone info is usually quite helpful.

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