21 March 2017

The Background:

On 1st December 2016, new legislation came into effect which means that private landlords in Scotland must have Electrical Installation Condition Reports (EICR) in place for all properties they manage.

Legislation already required private landlords to provide these certificates for people who became residents after December 2015, but the new legislation requires landlords to provide an EICR for residents who were in place before December 2015.

The Requirements:

Under Sections 13 (4a) and 19B (4) of the Housing (Scotland) Act 2006, Private Landlords are required to:

  • Have an Electrical Installation Condition Report (EICR) in place (in all properties they manage) and provide a copy to their tenants. The report covers:
    • Any installations in the property for the supply of electricity
    • Electrical fixtures and fittings
    • Any appliances provided by the landlord under the tenancy
    • Landlords must be able to prove that all of the above are in a reasonable state of repair and in proper working order.
  • Carry out electrical safety inspections before a tenancy starts and then at intervals of no more than 5 years.
  • Ensure that inspection and certification is done by an NICEIC registered contractor or is registered by the Electrical Contractors Association of Scotland (SELECT).

The Consequences:

As with any legal obligation, failure to comply with these new regulations can have serious consequences for private landlords, including losing your ability to operate:

  • Fines could be issued to Landlords
  • Landlord registration with the local authority could be revoked. As private landlords in Scotland must be vetted as fit and proper and formally registered with their local authority, loss of registration means they cannot continue to manage properties, or risk a £50,000 fine for doing so.
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