Letting Agent EICR Responsibilities Under the 2020 Regulations

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 create a statutory duty for landlords to hold and provide valid EICR certificates for their rental properties. However, the practical reality is that most residential property management in London is handled by letting agents and managing agents — and agents who take on compliance management on behalf of landlords are firmly in the compliance chain.

Where does the legal duty sit?

Under Regulation 3, the duty rests with the landlord as the person who receives rent under a tenancy agreement. A letting agent is not a party to the tenancy and therefore does not bear statutory liability for EICR compliance in the same way as the landlord. However, this does not mean agents are insulated from consequences.

When does an agent take on compliance responsibility?

Most full-management agreements between landlords and agents include a clause under which the agent agrees to manage statutory compliance on the landlord's behalf. Where an agent contracts to arrange EICRs, the agent takes on a contractual (though not statutory) obligation to ensure the inspection is carried out and the certificate is provided to tenants. Failure to do so exposes the agent to a breach of contract claim from the landlord if non-compliance results in financial penalties.

What must letting agents do in practice?

For agents managing residential properties under a full-management agreement:

• Maintain a record of EICR expiry dates for every managed property
• Arrange inspections before expiry — do not wait until the last moment
• Provide the EICR to existing tenants within 28 days and to new tenants before occupation
• Arrange any required remedial work (C1 and C2 findings) within the statutory 28-day timeframe
• Retain copies of all EICRs and completion certificates
• Provide copies to the local authority within 7 days if requested

Can a letting agent be directly fined?

Local authority enforcement action is directed at the landlord, who faces the financial penalty of up to £30,000. The agent cannot be directly fined under the EICR regulations. However, if the landlord is penalised due to the agent's failure to arrange a required inspection, the landlord is very likely to seek recovery of that penalty from the agent under the management agreement.

What if a tenant refuses access for an EICR?

Agents should document every access attempt in writing. The landlord (through the agent) can apply to a First-tier Tribunal for access rights where a tenant unreasonably refuses entry. Keeping written records of every communication regarding access is essential for any Tribunal application and for demonstrating due diligence to the local authority.