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It is important to ensure that all electrical appliances and
fittings within the property are safe and in good working
order. Should any electrical fittings or appliances within
your rental property cause harm to a tenant you could be held
liable. The tenant could sue you for damages and or worse you
may be brought before a court for negligence under the
regulations.
Manage
your property well, making sure you have annual electrical
inspections carried out by an NICEIC registered
Electrician and the risks to you as landlord or agent are
minimal, but manage it badly and your risks are high.
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Keep
Electrical appliances to a minimum.
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Make
sure appliances supplied are complete and in working order -
keep purchase receipts.
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Pay
particular attention to second hand equipment - always have
these items checked.
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Ensure
that operating instructions and safety warning notices are
supplied with the appliances.
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Ensure
that flexes are in good order and properly attached to
appliances and plugs.
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Ensure
that earth tags are in place.
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Ensure
that plugs are of an approved type with sleeved live and
neutral pins.
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Ensure
that plugs and sockets conform to BS1363 or BS1363/A for
heavy duty uses.
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Ensure
that all fuses are of the correct type and rating.
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Make
sure that tenants know the location of and have access to
the main consumer unit, fuses and isolator switch.
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Make a
note of all fuse ratings on the inventory.
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Make
sure you have every electrical appliance 'PAT' tested at
regular intervals by an approved electrician.
If you
are in any doubt about the wiring or the safety of any
appliances contact us for advice.
Regulations.
Electrical safety
concerning Landlords and Tenants is covered in several
important, statutory regulations including the Health & Safety
at Work Regulations and the Electricity at Work Regulations
1989.
Under
the Electrical Equipment (Safety) Regulations 1994, the Plugs
and Sockets etc. (Safety) Regulations 1994, both of which come
under the Consumer Protection Act 1987, there is an obligation
to ensure that all electrical equipment is safe.
In
January 2005 new legislation under Part P of the Building
Regulations make it a requirement that for certain types of
electrical work in dwellings, plus garages, sheds, greenhouses
and outbuildings comply with the standards. This means a
competent electrician must carry out the work. For DIY
electrical work you must belong to one of the Government's
approved Competent Person Self-Certification schemes or submit
a building notice to the local authority before doing the
work.
Compliance.
We
would strongly recommend that any Landlord, regardless of
whether they see themselves as running a business or not,
should make absolutely sure they are complying with these
regulations to ensure that all electrical equipment supplied
is safe. In order to do this we
recommend:
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Regular
visual inspections by the landlord or agent, recording this
on a safety checklist,
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Inspections on tenant change-overs, recording electrical
equipment, its condition and fuses fitted.
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Periodic
inspections of electrical equipment by a qualified
electrician.
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Annual
inspections by a qualified electrician to ensure safety and
that the electrical system complies with current electrical
regulations.
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Keep all
records of these inspections.
Due Diligence.
In the
event of a tenant complaint or an incident the defence of "due
diligence" may be accepted where it can be shown that the
landlord or agent took all reasonable steps to avoid
committing an offence - you will need documentary evidence of
this.
A
private owner letting a single dwelling (not in the course of
business) may have a defence, whereas an agent acting on his
behalf will not. However, an agent merely introducing a tenant
and not becoming involved in the inventory or management of
the tenancy my well be exempt from liability. If you would like
further advice on regulations concerning rented property,
please contact us.
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