New EICR to cover any changes made by outgoing tenant?

Reply to the comment left by michaelwgroves at 10/05/2021 - 20:28
Ok, let's focus on point 1, which I agree is fundamental to a correct understanding of the Regulations, but to avoid getting side tracked we need to take it step by step.

I have explained in detail why I believe the definition of "electrical safety standards" to be "the standards for fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018".

Do you agree? If not, please explain why.

As far as the landlords are concerned, the legislation does not state that Landlords have to get a new or fresh EICR for any new tenants but it says that a most recent copy of that report should be given to the new tenant.
So from the landlord's point of view, we can breath a sigh of relief, whether or not the EICR reports states Next Inspection date or number of years, or on change of occupancy, we do not need to obtain a fresh EICR each time a change of occupancy occurs, we only need to give a copy of our valid most recent EICR report before the commencement of new tenancy. So this debate is no longer relevant, and like I said how ridiculous it would be if we were to obtain a new or a fresh EICR report each time a new tenant is taken on, particularly if you were renting out an HMO to 5 or 6 tenants , I said that it did not make logical sense, and where a report does not specify how many years to next inspection, as was the case on my report which said "0", it simply means no more than 5 years, if a qualified person (Electrician or anyone qualified) thinks the next inspection should be conducted sooner, he can then specify that period, so "0" means the maximum period that the law allows before a new report is required.
Below is copy and pasted from the Gov. website
PART 2
Duties of private landlords
Duties of private landlords in relation to electrical installations
3.—(1) A private landlord(7) who grants or intends to grant a specified tenancy must—
(a)ensure that the electrical safety standards are met during any period when the residential premises(8) are occupied under a specified tenancy;
(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and
(c)ensure the first inspection and testing is carried out—
(i)before the tenancy commences in relation to a new specified tenancy; or
(ii)by 1st April 2021 in relation to an existing specified tenancy.
(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—
(a)at intervals of no more than 5 years; or
(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.
(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—
(a)obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;
(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;
(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;
(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and
(e)supply a copy of the most recent report to—
(i)any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and
(ii)any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.
(4) Where a report under sub-paragraph (3)(a) indicates that a private landlord is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the private landlord to undertake further investigative or remedial work, the private landlord must ensure that further investigative or remedial work is carried out by a qualified person within—
(a)28 days; or
(b)the period specified in the report if less than 28 days,
starting with the date of the inspection and testing.

These are the main points that indicates what I just stated above
(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and
(e)supply a copy of the most recent report to—
(i)any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and

The report does not have to state a date in a specific format, 5 years would mean the same date 5 years later.

And the most recent copy would be the one that is still valid and is less than 5 years old where it was specified next inspection date in 5 years time.

Reply to the comment left by Mike at 10/05/2021 - 23:36
How would you interpret "(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report." if the report says "5 years or on change of occupancy"? Do you think you could safely ignore the "change of occupancy" bit?

sadly yes, I would ignore that as it seems a big error on part of the electrical safety regulations, they must have misinterpreted the legislation, as the legislation is quite clear. No where in that legislation it states that a new or a fresh report must be obtained on change of occupancy, hence why it is no longer specified apart from the date or number of years .

None of 3 report I have for different properties state that any thing about "change of occupancy", including one I have which states next inspection 2 years.

Reply to the comment left by Seething Landlord at 10/05/2021 - 22:36
I think we need to use the terminology used in the legislation.
“electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018(5);

BS 7671 does not cover "electrical equipment" therefore this is out of scope.

Would you agree this is the starting point from which we must agree?

Reply to the comment left by Mike at 11/05/2021 - 00:04
I agree with your understanding of what the Regulations require and this is the essence of my debate with Michael Groves, who insists that "on change of tenancy" must be included because that is the recommendation in BS7671.

My fear is that once the phrase is included in the report the Local Authority will take it at face value and the landlord could face severe financial penalties for non compliance.

The argument would be that it has become a statutory requirement by virtue of Regulation 3(2)(b) and the landlord would have an uphill struggle to convince them that it should not have been included and is therefore to be ignored.

Like you, none of the six reports that I have obtained from three different electricians include the phrase but all the electricians who have commented on this thread so far are of the opinion that it should be in every report.

Reply to the comment left by Mike at 11/05/2021 - 00:04
You can't just ignore those parts of the legislation you disagree with. You need to get out of your head EICR's last for 5 years. Every property, tenant and landlord is different. The electrician is required to complete a risk assessment based on what he finds. The date is based on this risk assessment.

I was wondering if HMO's were out of scope.
Quick bit of research suggests they are in scope.
But I agree they are an anomaly.

Note (8) See the definition of “residential premises” in section 122(6) of the Housing and Planning Act 2016.

Housing and Planning Act 2016
122 Electrical safety standards for properties let by private landlords
(6)In this section—
“residential premises” means premises all or part of which comprise a dwelling;

Reply to the comment left by michaelwgroves at 11/05/2021 - 08:01I agree that you have correctly quoted the definition of "electrical safety standards" but to understand it you also need to define what is meant by "electrical installations".
Regulation 2 says (immediately above the definition of "electrical safety standards"): "“electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010", which in turn says:" “electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter;"
The definition of "electrical safety standards" is therefore to be read as though it included that wording.
Do you agree?