The Legal Requirement: Electrical Installation Condition Report (EICR)

Under the Renting Homes (Wales) Act 2016 and the associated Fitness for Human Habitation (Wales) Regulations 2022, landlords must ensure:

• Valid EICR: There is a valid Electrical Installation Condition Report (EICR) for the dwelling during each period of occupation.
• Frequency: An EICR must be carried out by a qualified person at least every five years.
• Qualified Person: The inspection must be conducted by a competent and qualified electrician.
• Remedial Works: Any "unsatisfactory" findings (C1 or C2 ratings) identified in the EICR must be rectified within 28 days, or sooner if specified as urgent. Written confirmation of these remedial works must be obtained from the electrician.

What an EICR Involves

An EICR is a comprehensive inspection of the electrical installations in a property to assess their safety and identify any potential hazards. The inspection will cover:

• The consumer unit (fuse box).
• Wiring throughout the property.
• Sockets, switches, and light fittings.
• Earth bonding and earthing arrangements.
• Identification of any damage, deterioration, defects, or non-compliances with current safety standards.

The report will classify observations using a coding system:

• C1: Danger present – Risk of injury. Immediate remedial action required.
• C2: Potentially dangerous – Urgent remedial action required.
• C3: Improvement recommended – Does not require immediate action but suggests improvement.
• FI: Further investigation required – Indicates an issue that needs more detailed assessment.

Providing the EICR to Contract Holders

Landlords have a duty to provide a copy of the latest EICR to their Contract Holders:

• New Contracts: Before the Contract Holder moves into the property.
• Existing Contracts: Within 14 days of the inspection and any necessary remedial works being completed.

You must also retain a copy of the EICR until the next inspection is due.

Consequences of Non-Compliance

Failure to comply with electrical safety regulations can lead to serious risks and penalties:

• Serious Safety Risks: Faulty electrical installations can cause fires, electric shocks, and even fatalities.
• Legal Penalties: Landlords can face substantial fines and, in severe cases, imprisonment.
• Invalid Insurance: Your landlord insurance policy may be invalidated if you haven't complied with electrical safety regulations.
• Inability to Seek Possession: Under the Renting Homes (Wales) Act 2016, you cannot serve a 'no-fault' (Section 173) possession notice if you have failed to provide a valid EICR to your Contract Holders. This is a key aspect of the FFHH duty.
• Rent Repayment: In some cases, if the property is deemed unfit for human habitation due to electrical issues or missing EICR, Contract Holders may not be liable to pay rent for that period.

Best Practices for Landlords

• Schedule Proactively: Book your EICR well in advance of the expiry date to avoid any gaps in compliance.
• Use Certified Electricians: Always use electricians who are registered with a competent person scheme (e.g., NICEIC, ELECSA, NAPIT).
• Address Issues Promptly: Rectify any C1 or C2 faults immediately and obtain written confirmation of the work.
• Keep Records: Maintain thorough records of all EICRs, remedial works, and dates when certificates were provided to Contract Holders.
• Regular Visual Checks: Encourage Contract Holders to report any obvious electrical issues (e.g., flickering lights, scorch marks on sockets).