Landlord’s Legal Requirements:
Anyone who lets residential accommodation (such as houses, flats and bedsits, holiday homes, caravans and boats) as a business activity is required by law to ensure the equipment they supply as part of the tenancy is safe.
The Electrical Equipment (Safety) Regulations 1994 requires that all mains electrical equipment (cookers, washing machines, kettles, etc), new or second-hand, supplied with the accommodation must be safe. Landlords therefore need to regularly maintain the electrical equipment they supply to ensure it is safe.
The supply of goods occurs at the time of the tenancy contract. It is, therefore, essential that property is checked prior to the tenancy to ensure that all goods supplied are in a safe condition. A record should be made of the goods supplied as part of the tenancy agreement and of checks made on those goods. The record should indicate who carried out the checks and when they did it.
It is strongly advisable to have the equipment checked before the start of each let. It would be good practice to have the equipment checked at regular intervals thereafter. You should obtain and retain test reports detailing the equipment, the tests carried out and the results.
General Legal Requirements:
The legislation of specific relevance to electrical maintenance is the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, the Electricity at Work Regulations 1989, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998.
The Health and Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.
The Management of Health and Safety at Work Regulations 1999 states:
“Every employer shall make suitable and sufficient assessment of:
- (a) the risks to the health and safety of his employees to which they are exposed whilst at work, and
- (b) the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking.”
The Provision and Use of Work Equipment Regulations 1998 states:
“Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”
The PUWER 1998 covers most risks that can result from using work equipment. With respect to risks from electricity, compliance with the Electricity at Work Regulations 1989 is likely to achieve compliance with the PUWER 1998.
PUWER 1998 only applies to work equipment used by workers at work. This includes all work equipment (fixed, transportable or portable) connected to a source of electrical energy. PUWER does not apply to fixed installations in a building. The electrical safety of these installations is dealt with only by the Electricity at Work Regulations.
The Electricity at Work Regulations 1989 states:
“All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger.”
“As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger.”
“‘System’ means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment.”
“‘Electrical Equipment’ includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.”
Scope of the legislation
It is clear that the combination of the HSW Act 1974, the PUWER 1998 and the EAW Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment.
It is clear that there is a requirement to inspect and test all types of electrical equipment in all work situations.
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