John Davidson, MD of the Gas-elec Group writes: In response to Mark Daruvalla’s article entitled ‘Lettings legalities’ in the July 2010 issue of PROPERTYdrum, I’d like to respond to Point 1 ‘Electrical appliances, equipment and wiring testing’.

While there isn’t a specific law about annual electrical safety checks – as there is with gas – there are a number of laws in place that do specify electrical safety and should be enforced by both agents and tenants. For example, the Landlord and Tenant Act 1985 states that it is the responsibility of the landlord to ensure that any portable electrical appliance supplied is safe.

The Association of Residential Letting Agents (ARLA) and the National Association of Estate Agents (NAEA) have issued statements and guidelines on the matter of electrical safety guidelines for landlords.

As stated in the ARLA’s ‘Let’s Make it Safe’ brochure, the basic concept is that a landlord has an obligation to ensure that any such items supplied as part of a property letting are safe, and not dangerous. This is to minimise the risk of injury, death or of damage to property.

Over and above this there are a number of laws in place to regulate the industry. For example, the Landlord and Tenant Act 1985 states that it is the responsibility of the landlord to ensure that any portable electrical appliance supplied is safe. This includes the consumer unit, fixed wiring, sockets, light fittings and switches.

Furthermore, all work that involves adding a new circuit in bathrooms and kitchens will need to be either notified to local authority Building Control with a Building Regulations application, or carried out by a competent person who is registered with a Part P Self-Certification Scheme.

The importance of these regulations cannot be emphasised enough. The accidental death of a young mother of two in 2008 who was electrocuted in her rented cottage in Cornwall again reiterates the necessity for landlords to ensure that electrical inspections are carried out regularly on rented properties.

There are also a number of regulations in place to protect the tenant, including the Electrical Equipment (Safety) Regulation 1995, Housing Health & Safety Rating System (England) Act 2004 as well as the Landlord and Tenant Act 1985.