Landlords & the law

Does the EICR rule apply to existing tenancies as well as new ones?

How the duty phased in, and why every relevant let is now covered.

The short answer

Yes. The EICR duty in England applies to existing tenancies just as much as new ones. The Electrical Safety Standards 2020 were phased in: they applied to new tenancies from 1 July 2020, and were then extended to all existing tenancies from 1 April 2021. Since that second date, every relevant private tenancy in England has been covered, regardless of when it began. A landlord who has let the same property to the same tenant for many years is under exactly the same duty as one signing a brand-new tenancy — a fixed-wiring inspection and EICR at least every 5 years, copies of the report supplied on the set deadlines, and remedial work completed where required. There is no exemption for long-running tenancies that pre-date the regulations.

A common misconception is that the EICR rule only bites on new lets, leaving long-standing tenancies untouched. The phased introduction is the source of that confusion, but the position today is clear.

Phasing of the EICR duty

How the duty was phased in

When the Electrical Safety Standards 2020 came into force, the government applied them in two stages to give landlords time to comply:

The staggered approach meant that for a short window, a brand-new let needed an in-date EICR while an older, continuing tenancy did not yet. That window closed on 1 April 2021. Since then there has been no distinction: the duty applies across the board.

TenancyDuty applied from
New tenancy (granted on/after 1 July 2020)1 July 2020
Existing tenancy (running before July 2020)1 April 2021
Any relevant tenancy todayAlready in force

England, Electrical Safety Standards 2020 phasing. Source: GOV.UK guidance.

What this means for long-standing landlords

The practical upshot is that a landlord cannot rely on the age of the tenancy as a reason to skip the EICR. A tenant who has lived in the property for fifteen years is entitled to the same protection as a new tenant: the installation must have been inspected within the last five years, and the tenant must have received a copy of the report.

For landlords who have held the same tenants for a long time, this is the most common compliance gap — the let was set up long before electrical inspections were required, and the duty can be easy to overlook precisely because nothing about the tenancy has changed. The safest approach is to treat every let the same: check the date of the last EICR and arrange a new one before the five years are up.

No grandfathering: older tenancies are not exempt. The phasing simply set the start dates; since 1 April 2021 a decades-old tenancy carries exactly the same EICR duty as a tenancy signed today.

Keeping a continuing tenancy compliant

Because the duty is ongoing, compliance is not a one-off task fixed at the start of a tenancy — it renews on the 5-yearly cycle (or sooner, if a report sets a shorter date). For a continuing tenancy that means tracking when the current EICR expires and arranging the next inspection in good time, supplying the new report to the sitting tenant within 28 days, and dealing with any remedial work the report flags.

Landlords managing several long-standing lets often find it helpful to keep a simple record of each property's EICR date so renewals are not missed. Because the regulations apply in England and the detail can change, a landlord unsure whether a particular tenancy is covered should confirm the position on GOV.UK or with the local authority.

Why existing tenancies are the most common gap

In practice, the tenancies most likely to be missed are precisely the long-running ones that pre-date the regulations. A new let comes with a fresh round of paperwork, so the EICR tends to be arranged as part of setting up the tenancy. A tenancy that has quietly continued for a decade has no such trigger — nothing prompts the landlord to revisit the electrics, and the duty can sit unnoticed.

Several situations sharpen this risk:

The fact that the tenancy began before June 2020 offers no protection — since April 2021 the duty has applied in full. If anything, an older installation in a long-held property is more likely to need attention, not less, which is part of why the regulations deliberately swept existing tenancies in.

The quiet tenancy is the risk: long-standing lets are the easiest to overlook because nothing prompts a review. A landlord taking on properties with sitting tenants should check the date of the last EICR as a priority, since the age of the tenancy gives no exemption.

Bringing an older tenancy up to date

For a landlord who realises a continuing tenancy has fallen behind, the remedy is straightforward and the same as for any other property: arrange an EICR with a qualified, competent electrician as soon as possible, supply the report to the sitting tenant within 28 days, and carry out any remedial work the report requires within the deadline it sets, obtaining written confirmation when it is done.

Acting promptly is important because the duty is enforceable. A local authority that becomes aware the installation has not been inspected can take enforcement action regardless of how long the tenancy has run. Catching up voluntarily — before any notice — keeps the property safe, keeps the tenant informed and keeps the landlord outside the penalty regime. Going forward, the most reliable safeguard is to diary the next inspection date for every property, sitting tenant or not, so the five-year cycle is never missed again. Because the rules apply in England and can be revised, a landlord uncertain about a specific tenancy should confirm the current requirements on GOV.UK.

Frequently asked questions

Does the EICR rule apply to tenancies that started before 2020?

Yes. The Electrical Safety Standards 2020 applied to new tenancies from 1 July 2020 and to all existing tenancies from 1 April 2021. Since that date, tenancies that began before the rules came in are fully covered.

Is a long-standing tenant entitled to an EICR?

Yes. There is no exemption based on how long a tenancy has run. A tenant of many years is entitled to the same protection as a new tenant — an in-date EICR and a copy of the report supplied within the deadline.

How often does the EICR need renewing for a continuing tenancy?

At least every 5 years, or sooner if a report sets a shorter re-test date. The duty is ongoing, so each new report must be supplied to the sitting tenant within 28 days, with any remedial work completed as required.

Sources & further reading

Figures on this page are typical UK ranges drawn from published sources and depend on your specific property. They are guidance, not a quotation. Legal duties are summarised for guidance — confirm the current position on GOV.UK.