Electrical safety in the social rented sector – Proposals to extend regulations

Written by Elspeth Lee, John Cox, Louise Mansfield and Sarah Orchard

The Government will be introducing mandatory electrical safety checks into the social rented sector to elevate safety standards and bring further alignment between the social rented sector and the private rented sector. Improving electrical safety standards in the social rented sector is vitally important due to the fact that the Grenfell Tower fire was started by an electrical fault, and further detail has been awaited since the enactment of the Social Housing (Regulation) Act 2023. 

This proposal comes about following a consultation which sought views on extending existing private rented sector requirements for mandatory electrical installation inspections at least every five years. Since 2020, private sector landlords have been required to inspect and test their electrical installations at least once every five years, but there are no such requirements for social landlords. 

Proposal A of the consultation asked whether mandatory inspection and testing at least every five years of electrical installations should be a legal requirement in the social rented sector. 97% of respondents agreed. Some answers acknowledged that this was already best practice in the sector and legislating would ensure that all tenants receive the same protections from their landlord. 

As for Proposal B, the consultation asked whether PAT testing of appliances provided by social landlords should be a legal requirement. 83% of answers responded that it should be. Respondents mentioned that this would mirror the approach in Scotland. Comments were received as to whether landlords should be responsible for the continued safety of the appliances they supply or all appliances (even those supplied by tenants) and it was acknowledged that, in some circumstances, it may not be an easy feat to determine ownership of all appliances. 

The consultation included a call for evidence that considered whether the requirement to check electrical safety installations every five years should extend to owner-occupier leasehold properties within social housing blocks. Responses to this will form part of a separate Government response in due course. 

Ultimately, the following regulations will be introduced by the Government, in the social rented sector:

• Social landlords will be obliged to inspect and test electrical installations in their homes at least every five years
• Social landlords will be obliged to issue a copy of the Electrical Installation Condition report (EICR) to social tenants within 28 days of an inspection, or to any new tenant before they occupy the property
• Social landlords will be obliged to undertake in-service inspection and testing of electrical equipment provided as part of a tenancy (‘PAT testing’) 
• Social landlords will be obliged to complete any remedial works following an inspection, within 28 days

There is concern with the relationship between mandating these inspections, and access to properties. A large issue facing landlords is access, and there is no guarantee that access is more likely to be provided, even if there is a legal requirement on landlords to carry out these inspections (as we have seen with mandatory inspections of gas installations). 

Many social housing landlords may already carry out these checks, but for the landlords that don’t, it is critical that practices are updated to comply with the new legislation. Social landlords should make best efforts to engage with tenants and provide information to explain why access should be granted to carry out safety checks and what they can expect from the inspection. Social landlords have statutory rights of access to the properties they rent out for the purpose of assessing the condition of the property and conducting any repairs. These rights are also usually set out as express terms in tenancy agreements. Where access is refused by tenants, their landlords could pursue action in court to gain access, though it is acknowledged that this is an arduous and sometimes expensive process. It is imperative that tenancy agreements are robust in ensuring these rights of access, given the new obligation placed on landlords. Given that many providers are already taking steps to review and amend agreements ahead of the changes being implemented by the Renters’ Rights Bill, now is an opportune time to ensure these changes are also included. 

The regulations will be subject to the affirmative procedure and will need to be debated and approved in both Houses of Parliament before they can be brought into force. It is likely that these changes will apply from October 2025 for new tenancies and April 2026 for existing tenancies. 

Local housing authorities will be responsible for their enforcement and the maximum penalty for non-compliance with the regulations will be £40,000. It is recognised that local authorities who are also social landlords are not able to take enforcement action against themselves so they will be required to ‘meet the standards in the regulations and to take a proactive approach to ensuring their housing is safe’.

The regulations will stipulate that, where landlords can provide evidence that they have taken all reasonable steps to carry out the electrical safety checks and any necessary remedial work, they will not be in breach of their duty to comply with the obligations. Guidance will set out how landlords can show they have taken reasonable steps to comply. A landlord could show reasonable steps by ‘keeping copies of all communications they have had with their tenants and with electricians to arrange the work, including any replies’. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports. We await this guidance from the Government. 

More information from the Government can be found here. 

If you would like further assistance, including talking to us about seeking legal action to gain access, please do not hesitate to contact Louise Mansfield, Sarah Orchard and/or John Cox who will be happy to help. 

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