Electrical safety rules for social landlords from November

As suspected for a number of years, electrical safety inspections are finally to become mandatory for social landlords.  They have been in place for private landlords for some time. With the devastating Grenfell disaster, a prominent and painful reminder of the consequences of faulty electrics within rented properties, it is not a surprise that the Government have now announced The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025. 

These currently draft regulations are stated to be coming into effect from November 2025 and will require ALL landlords to ensure that electrical inspections, testing and electrical repairs are carried out every 5 years.  The Minister of State for Housing and Planning has said that her ministry is developing guidance for social landlords that will be shared before the implementation date.

A brief summary of the new Regulations is as follows:

• Mandatory inspection and testing of installations every 5 years.

• A copy of the Electrical Safety Certificate - Electrical Installation Condition report (EICR) is to be given to the tenant within 28 days from the inspection date.  Or alternatively, at the start of any new tenancy.  This can be provided to the tenant in person, by post or by email.

• Mandatory PAT testing – In-service Inspection and Testing of Electrical Equipment (ISIT) on all landlord provided electrical equipment to be carried out alongside the electrical inspection.  Evidence of the ISIT testing must be provided to the tenant with the Electrical Safety Certificate within 28 days from the inspection date.

• Landlords are to complete any electrical remedial repair works within 28 days from the inspection date.

• Access – Landlords must be able to clearly evidence all correspondence / attempts etc. to or from the tenant to gain access within the specified timescale to carry out the inspection and any repairs. If clear and sufficient evidence is available, the landlords will not be in breach of the regulations.  However, the landlords are still expected to take ‘all reasonable steps’ to ensure the inspection and repairs are carried out.  This is where an Injunction application should be considered to enforce the landlord’s statutory right of access to assess the condition of the property.  The guidance will expand on what a landlord will need to show that they have taken reasonable steps to comply with the regulations

These regulations are in addition to ‘Awaab’s Law’ which is coming into force in October 2025.  It will state that landlords must investigate and address any hazards (especially damp and mould) in their rented properties to ensure the health and safety of their tenants.

There will be a phasing in of the new regulations, with it applying to all new tenancies one month after the regulations are formally made, and for all tenancies 6 months later.  Existing EICRs will remain valid and will not need to be replaced until their 5 year period has expired.

As mandatory electrical inspections for Social landlords have been rumoured some time, many of our clients have already taken the initiative to try to prepare for these in advance.  Often with our help and expert guidance, our clients have implemented an electrical inspection procedure to ensure compliance and to help protect the health and safety of not only the tenant, but also their neighbours and any visitors to the property.  The procedure is similar to the annual gas safety checks by ensuring pre-notified appointments are carried out and if access is refused, we have been instructed to issue Injunctive proceedings against the tenant.

As these procedures have already been put in place for some time, our client’s will not have a ‘last minute panic’ to put in place an electrical procedure to ensure compliance is carried out in a timely manner and to avoid potential fines of up to £40,000.