Since 2020, every private landlord in England has needed a satisfactory EICR certificate for each tenancy, and in Kent, with its large rented stock across Medway, Thanet, Canterbury and the commuter towns, that requirement drives a great deal of electrical work. But the EICR is only one part of the picture. This guide sets out who is responsible for what in a rented home: the landlord’s duties under the Landlord and Tenant Act 1985, the fitness standard introduced in 2018, the five-yearly inspection rules, what tenants must do, and where deposits come into it.
The landlord’s legal duties
Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for keeping in repair and proper working order the installations in the property for the supply of electricity, along with water, gas, heating and sanitation. That cannot be contracted out of in a tenancy agreement. It covers the fixed wiring, the consumer unit, sockets, switches and light fittings, and any appliances the landlord supplied. The Homes (Fitness for Human Habitation) Act 2018 adds a broader duty: the home must be fit to live in at the start of the tenancy and throughout it, and an electrical installation that is unsafe makes it unfit. A tenant can take the landlord to court under that Act if hazards are not dealt with.
On top of those, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require the landlord to have the installation inspected and tested by a qualified person at least every five years, to give the tenant a copy of the report within 28 days, to give a copy to the council within seven days if asked, and to complete any remedial work the report identifies within 28 days, or sooner if the report says so. Councils in Kent can fine landlords who do not comply, and the district council’s private sector housing team enforces it.
What the EICR actually covers
An electrical installation condition report is a test and inspection of the fixed installation, not the appliances. The electrician checks the consumer unit, the earthing and bonding, each circuit’s insulation and continuity, RCD operation and the condition of accessories, and grades any defects:
- C1: danger present, needs immediate action.
- C2: potentially dangerous, urgent remedial work needed.
- C3: improvement recommended, does not fail the report.
- FI: further investigation required.
Any C1, C2 or FI makes the report unsatisfactory and triggers the 28-day deadline. C3 items do not. Landlords sometimes receive reports with a long list of C3s and assume the worst; they are advisory. Portable appliance testing is not required by law for landlords, though it is sensible for supplied appliances in HMOs.
Who pays for what
The landlord pays for the EICR, for remedial work on the installation, and for repairs to wiring and fixed fittings that fail through age or wear. The tenant is responsible for damage they or their visitors cause, for their own appliances, and for minor items the tenancy agreement assigns to them, which in practice usually means light bulbs and sometimes fuses in plugs. A tenant who drills through a cable, overloads a circuit with heaters, or has a faulty appliance that damages a socket can be charged for the repair, and that is where the deposit comes in. Deductions must be evidenced, with the EICR and the check-in inventory as the baseline, and a disputed deduction goes to the deposit scheme’s adjudicator. A landlord cannot deduct for the cost of an EICR or for fair wear and tear.
The tenant’s responsibilities
- Report faults promptly and in writing, keeping a copy. The landlord’s repair duty starts when they know about the problem.
- Allow access for inspection and repairs at reasonable times, usually with 24 hours’ notice.
- Use the installation sensibly: no extension leads daisy-chained, no heaters on four-way adaptors.
- Do not carry out electrical work or allow anyone unregistered to do so.
- Test smoke alarms and report any that do not work; the landlord must ensure they are working at the start of the tenancy.
What is different in Kent
Kent’s rented homes range from Victorian terraces and converted houses in Canterbury, Rochester and Margate to interwar semis in Maidstone and Dartford and new-build flats in Ashford and Ebbsfleet. The older stock is where EICRs most often come back unsatisfactory: no RCD protection, missing earths on lighting circuits, and consumer units that predate the current regulations. Coastal towns add salt corrosion to outdoor accessories and meter cupboards. Student lets in Canterbury and the many HMOs in Medway and Thanet are licensed by the district council, which will ask for the EICR as a condition. Kent County Council does not handle housing enforcement or building control; the district councils do, so a landlord in Dover deals with Dover District Council, not the county. Electricians in Kent who do a lot of landlord work tend to offer an EICR with a separate remedial quote, which is the right way round: the inspection should not be done by someone with an interest in the remedial work being large.
When to call a professional
An EICR must be carried out by a qualified and competent person; in practice that means an electrician with an inspection and testing qualification, registered with NICEIC, NAPIT or a similar scheme. Remedial work that involves a new circuit or a consumer unit is notifiable under Part P of the Building Regulations in England. Gas appliances in a rented home need an annual safety check by a Gas Safe registered engineer, which is a separate certificate. In properties built before 2000, asbestos may be present and any electrician finding it should stop and advise rather than disturb it.
If you are a landlord or tenant in Kent and need an EICR or remedial work, describe the property and the postcode to The Household Daily’s help desk and we will help you take the next step with an electrician in Kent.
Questions people ask
How often does a landlord in Kent need an EICR?
At least every five years under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, with a copy given to the tenant within 28 days and to the district council within seven days if requested. A new tenant must be given the current report before they move in.
Can a landlord deduct the cost of an EICR from a tenant's deposit?
No. The EICR and any remedial work on the installation are the landlord's cost. A deposit deduction is only possible for damage the tenant caused, and it must be evidenced against the check-in inventory.
What happens if the EICR is unsatisfactory?
Any C1, C2 or FI item must be put right within 28 days, or sooner if the report says so, and the landlord must obtain written confirmation that the work is done and give it to the tenant and, if asked, the council. Councils can fine landlords who do not comply.
Does a tenant have to let the electrician in for the inspection?
Tenants must allow access at reasonable times for inspection and repair, usually on 24 hours' written notice. If a tenant repeatedly refuses, the landlord should keep a record of the attempts, which the regulations treat as evidence of reasonable steps.
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