A court in Wales has heard a case against Welsh ministers, arguing that a change in the wording of government guidance led to a widespread misunderstanding among landlords regarding their duties. The issue centers on the requirement to provide tenants with a copy of the electrical safety report for their property.

A barrister representing three social landlords argued that the Welsh government’s guidance did not make it clear that landlords were required to “give” a copy of the electrical condition report (ECR) to tenants, rather than just having it “made available.” This subtle but crucial change in wording, which was not explicitly flagged in a consultation document, has put landlords at risk of significant financial penalties.

The case has major implications, as landlords may be forced to pay back rent to tenants for the period during which the certificates were not provided. This could potentially cost the sector tens of millions of pounds. A Welsh government representative in court agreed that the specific change in wording was “not flagged up” in the consultation response document.

This test case highlights the importance of clear and unambiguous communication from policymakers, as a minor change in wording has led to a costly compliance issue for a large number of landlords.

Law in England

Providing the Report:

• Existing Tenants: A landlord must provide a copy of the EICR to each existing tenant within 28 days of the inspection and test.
• New Tenants: A copy of the EICR must be provided to any new tenant before they move in.
• Prospective Tenants: A copy must be provided to any prospective tenant within 28 days of a written request from them
• Local Authority: A copy must be provided to the local authority within 7 days of a request.