Portable appliance testing is a means of checking whether electrical equipment is safe to use. However, there’s some confusion over the rules and whether it’s a legal requirement for UK landlords.
Landlords are obliged to ensure all electrical installations in their buy-to-let properties are safe and in good working order. Legislation such as the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 govern what steps landlords must take.
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The latest update to the rental laws, in April 2021, required that all private rented homes in England must have an electrical safety inspection every five years in order to receive an Electrical Installation Condition Report (EICR). These were also introduced in Wales, Scotland and Northern Ireland.
The safety assessment is carried out to check the building’s electrical system including wiring, plug sockets, light switches and fuse boards. However, these EICR checks are separate from PAT testing. With various regulations in place to ensure tenants’ safety, it has become a complex grey area for some landlords, who are struggling to keep abreast of the latest legislation.
What is PAT testing?
Portable appliance testing describes how electrical equipment and appliances are tested to confirm they are safe to use. While many safety defects can be spotted by a simple visual inspection, other issues can be found only by more detailed analysis.
The visual inspection is a crucial part of the process and the actual safety testing is equally important. According to the law, a “competent person” who fulfils the requirements of the Institution of Engineering and Technology is required to carry out the testing.
In practice, it is recommended to use a professional electrician when it comes to something as important as tenants’ safety. A relatively brief user check, aided by a checklist, can be a useful role in ongoing electrical maintenance.
However, this isn’t enough and more formal testing by an appropriate person needs to be carried out at regular intervals. Although a qualified electrician is the preferred choice, landlords can complete a fairly basic course and acquire a PAT testing machine to test their own appliances.
A landlord electrical safety certificate is issued to confirm the electrical appliances have been inspected and tested for safety compliance. This is proof that the landlord has taken responsible steps to ensure electrical safety in their rental portfolio.
Is PAT testing a legal requirement for landlords?
PAT testing isn’t a legal requirement for landlords in England, Wales and Northern Ireland, but it must be carried out by law in rental properties in Scotland. It has long been a legal requirement for long-term rental homes in Scotland and became mandatory for short-term holiday lets in 2023.
Although not a legal requirement in three of the four home nations, local councils may request a PAT test regardless if they have a licensing scheme in place. Even when PAT testing itself is not mandatory, landlords are legally required to ensure all electrical appliances they provide are safe, hence it is still recommended for landlords, as it can help to fulfil the mandatory duty of care.
Providing greater peace of mind for both landlords and tenants, who will know this extra safety mechanism is in place, the items that should be tested include portable appliances and equipment; movable and stationary appliances; IT equipment and extension leads.
The frequency of portable appliance testing is not set in stone, although it’s generally accepted that all electrical appliances should be tested before each new tenancy. Then they should be tested regularly – the majority of landlords choosing annual or biannual PAT testing.
Consequences of failure to ensure appliance safety
The potential consequences of a landlord’s failure to ensure appliance safety can be serious. If a tenant is injured by an unsafe electrical system, the landlord can face a fine of up to £30,000. In addition, the tenant is within their rights to take legal action against a landlord for negligence in failing to repair electrical issues to ensure the rental property is safe.
If a property remains in a state of disrepair and the landlord doesn’t fix issues, especially if this leads to a tenant being injured, the tenant may be able to apply for compensation, but aside from the financial implications, electrical issues that aren’t fixed can seriously damage the landlord-tenant relationship for the future.
In general, PAT testing contributes to overall satisfaction and the property’s appeal, so if you’re advertising for new tenants, it shows you’re a responsible landlord.
Busting myths about PAT testing
A common myth is that PAT testing is valid for a specific period of time. This isn’t the case and the length of time between tests depends on factors such as the environment in which each appliance is used and a risk assessment. It isn’t the case that every appliance requires annual testing. In reality, the likelihood of deterioration of the appliance or equipment over time influences the interval between each test.
Some landlords believe they don’t need to have new appliances tested. On the contrary, although not a legal requirement, it’s sensible to have every piece of electrical equipment tested before you put it into service, since tenants’ safety is your responsibility.
As a landlord, you’re responsible for all aspects of tenant wellbeing while they’re living in your buy-to-let home. This includes renting out furnished properties, where you must make sure the furniture you provide is safety compliant and durable to complement the safety standards promoted by PAT testing.
Choosing purpose made landlord furniture packages can help create an appealing rental environment, meeting both safety and aesthetic expectations for tenants. The most important requirements centre on fire safety, as furniture sold after 1990 must have the manufacturer’s label with a recognised fire safety symbol. The items should be made from fire-resistant materials and the upholstery must pass flammability tests.
Safety precautions, even those that are not required by law, should be taken to ensure tenant safety and peace of mind in your rental portfolio.