The first mandatory Electrical Installation Condition Reports (EICRs) required under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are now reaching their five-year expiry. Landlords must act promptly to renew these reports, as failure to do so carries increased enforcement risks, especially with recent legislative changes affecting tenant access and penalties.
Background to the Electrical Safety Regulations
Introduced in 2020, these regulations mandated that all landlords in England have fixed electrical installations inspected and tested by a qualified professional at least every five years. The initial deadlines required a satisfactory EICR for new tenancies from 1 July 2020, and for all existing tenancies by 1 April 2021. Landlords must provide the report to tenants within 28 days and to the local authority within seven days upon request. Any remedial work flagged as C1, C2, or FI must be completed within 28 days or sooner if specified.
At the time, penalties for non-compliance could reach up to £30,000. However, amendments effective from late 2025 have increased the maximum financial penalty to £40,000, reflecting the government’s commitment to stricter enforcement.
Why Renewals Are Critical Now
Properties first certified in 2020 or 2021 are now due for re-inspection as the five-year validity period expires. This transforms what was initially a one-off compliance task into a recurring obligation. A lapsed EICR is a significant compliance gap that local authorities or tenant representatives can exploit.
Additionally, the regulations have recently extended to social housing providers, who must also conduct five-yearly electrical safety checks under threat of similar fines. Steven Devine of Electrical Safety First highlights the importance of these measures, noting that “more than half of accidental domestic fires across England [are] caused by electricity,” signalling a trend towards tighter enforcement rather than relaxation.
Changes Affecting Renewals
Landlords should not assume that passing the initial inspection guarantees a straightforward renewal. The assessment standard, BS 7671, has evolved with Amendment 2 of the 18th Edition coming into force in 2022. This has led to stricter coding practices, with older installations increasingly classified as C2 (“potentially dangerous”), rendering the report unsatisfactory and triggering mandatory remedial work within 28 days.
Other factors complicating renewals include recommendations for Arc Fault Detection Devices (AFDDs) in higher-risk properties such as Houses in Multiple Occupation (HMOs), and the impact of additional electrical loads from electric vehicle charge points and heat pumps on consumer units not originally designed for such demands. Furthermore, the availability of qualified engineers varies regionally, often leading to increased costs and the need for early booking.
The Impact of the Renters’ Rights Act on Access
A significant new challenge arises from the Renters’ Rights Act, which abolished Section 21 ‘no-fault’ evictions from 1 May 2026. Previously, landlords could rely on this provision to regain possession if tenants refused access for inspections. Now, landlords must secure tenant cooperation without the threat of no-fault eviction.
The original 2020 regulations anticipated this scenario, stating that landlords are not in breach if tenants deny access, provided landlords have taken “all reasonable steps” to gain entry. However, the burden of proof lies with landlords to meticulously document every attempt—letters, emails, texts, and offered appointment dates—to demonstrate reasonable efforts if challenged by local authorities. This detailed record-keeping is now essential to protect landlords from penalties.
What this means for landlords
Landlords should immediately review their existing EICRs, especially those issued in 2020 and 2021, to confirm expiry dates. Early scheduling of renewals is advisable to avoid delays caused by limited engineer availability. Budgeting for potential remedial work is prudent, given the tightened safety standards and stricter coding.
Maintaining a clear distribution trail of reports to tenants and local authorities remains a legal requirement. Additionally, landlords must log every access request in writing to safeguard against disputes arising from tenant refusals, now that Section 21 eviction is no longer an option.
Five years on from the initial compliance wave, there is no longer any leniency for first-time lapses. A lapsed certificate now carries heightened enforcement risks alongside a more stringent possession regime.
Over to you
Landlords are encouraged to share their experiences regarding renewal EICRs, particularly if new C2 codes have appeared where previous inspections passed cleanly. Insights into managing tenant access in the absence of Section 21 are also valuable for the community.
Source: Based on reporting from Property118
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Source: www.property118.com
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