Electrical Safety Failure Penalty Increase

Amendments to the electrical safety regulations took effect from 01 November 2025. The headline amendment for Private Rented Sector landlords is that the maximum penalty will rise from £30,000 to £40,000 for a failure to comply.

A further important change means that landlords will not be in breach if they are prevented from entering and have taken all reasonable steps to comply with the regulations. Landlords must keep evidence of this. Landlords should document in writing each of the attempts and keep a record of how access was refused. We haven’t had any members report tenants refusing access for electrical checks, if you do – please contact the office for advice.

We still speak to members who have no EICRs for their rental properties as they didn’t realise they needed them. This will not be a valid defence! Here are some reminders;

  • New tenancies required an EICR (Electrical Inspection Condition Report) from 01 July 2020. Existing tenancies required an EICR from 01 April 2021.
  • The regulations require all landlords to have the electrical installations in their properties inspected and tested by a qualified person at least every 5 years (check that your electrician doesn’t specify ‘on tenancy change’ on the certificate). The time period could be less than 5 years if the electrician deems it necessary.
  • Landlords must obtain a report from the electrician and provide a copy of this to their tenants within 28 days.
  • The report must be given to new tenants before the start of the tenancy.
  • If requested by the Local Authority – landlords must supply the report within 7 days.
  • If requested by a prospective tenant – landlords must supply them with the report within 28 days.
  • Retain a copy of the report until the next inspection and test is required or (if later than this) conducted, unless it is superseded by a more recent report. SWLA advise landlords to keep all reports in case of future query.
  • Supply a copy of the report to the inspector and tester who will undertake the next inspection and test.
  • Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
  • Within 28 days of the completion of the remedial work or further investigative works, supply the tenant and the local council with the report, and written confirmation from the qualified person who carried out the works.

When do the regulations come into force for the social rented sector?

The regulations were extended to the social rented sector on 01 November 2025 and will apply to social housing tenancies granted after 1 December 2025.

For social housing tenancies granted before 1 December 2025, the regulations come into force on 01 May 2026. There is transitional provision set out in the regulations for such tenancies, which requires social landlords in the first instance to:

Article Abridged from gov.uk

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