Is PAT Testing a Legal Requirement for Landlords?

PAT testing is not a legal requirement for landlords, but the rules can be confusing. Landlords have a responsibility to ensure that all electrical appliances in the property are safe to use, and PAT testing can help, but contrary to popular belief, it is not legally mandated.

In this blog, we explore PAT testing and what it entails, including validity, costs and frequency.

What is PAT testing?

• The visual inspection of portable electrical appliances to ensure they are safe to use
• Visual tests are followed up by specific tests to ensure each item is in working order
• Not a legal requirement for homeowners or landlords

PAT testing, or Portable Appliance Testing, is the examination of all portable electrical appliances in a property to ensure they are safe to use. The test begins with a visual inspection and is followed up with a variety of tests to ensure the item works properly and safely.

A significant number of faults can be detected through a visual inspection; however, many defects may only be found with more stringent testing.

Is PAT testing a legal requirement?

PAT testing is not required by UK law, whether for landlords or homeowners. However, the Landlord and Tenant Act 1985 states that electrical equipment provided for tenants must be deemed safe at the start of the tenancy and be maintained throughout. One of the easiest ways to do this is through frequent PAT testing.

There are occasions where PAT testing can be legally required; a property licence, for example, may state that PAT testing is conducted periodically. In certain areas, local authorities require all rented properties to have PAT testing conducted on electrical appliances, and regardless of location, all HMOs must have PAT tests carried out.

How long does a PAT test last?

There is no set lifespan for a PAT test; various factors mean that some items may require testing each year, others every two years, and some every five years. For landlords, a PAT test should be conducted before a new tenancy begins, and periodically throughout the tenancy.

This often means that a new PAT test could be required every 6-12 months.

As a general rule, landlords should have small items tested every two years and larger items, such as washing machines, tested every four years.

What items require PAT testing?

In simple terms, any electrical item with a plug that can be moved requires PAT testing. This means that within your buy-to-let property, you’ll need to ensure the following are all tested:

• Microwaves
• Toasters
• Kettles
• TVs
• Vacuum cleaners
• Lamps
• Smart speakers
• Computers
• Games consoles

The above list isn’t exhaustive, and it’s worth noting that items you wouldn’t commonly move also require PAT testing. This would include:

• Washing machines
• Tumble dryers
• Fridges
• Freezers
• Dishwashers

These also fall under the remit of requiring a PAT test because they have a plug attached.

Can a landlord conduct a PAT test?

Yes, PAT tests do not have to be carried out by a qualified electrician, meaning landlords are free to test the portable appliances within their properties. However, having an electrician conduct the test can be beneficial. With a qualified expert, you have full reassurance that your items are safe and your obligations as a landlord are fulfilled. Furthermore, if any problems were to arise, having documentation that a PAT test was carried out by a professional will assist in proving your compliance.

How do you conduct a PAT test?

If you choose to carry out the PAT tests for your tenanted properties yourself, there are just a few simple steps to follow.

1.     Obtain a PAT testing machine

A PAT testing machine enables the testing of lead polarity, earth continuity and insulation resistance. They help ensure that each item works properly and doesn’t pose any safety risks.

They are not complicated to use but can be very expensive. As a landlord, it’s worth weighing up the costs and benefits of obtaining your own machine and doing the tests yourself or hiring a professional with their own equipment.

2.     Inspect the electrical items

Before using the PAT test machine, each item requires a visual inspection. This will help you spot any obvious damage. The inspection should include checks for:

• Bent pins on the plug
• Fraying or cuts to the power lead
• Visible wires where the lead joins the plug
• Burn marks or staining on the plug that could indicate overheating
• Signs that the lead has been joined together with tape
• Cables being trapped under furniture, between doors or in floor boxes
• Cracks or exposed wires on the plug
• Evidence that the items are or have been exposed to wet or dusty conditions

If any of the above are noticeable, the item should be replaced and deemed unsafe for use by your tenants, unless it can be sufficiently repaired.

3.     Conduct electrical tests

Using the PAT testing machines, conduct all relevant tests and follow the guidelines as per the user manual.

4.     Record the results of the test

Once all the tests have been completed, the results should be accurately recorded. This not only allows you to keep track of when future tests should be conducted but also keeps you compliant and enables you to provide evidence should tenants, estate agents or authorities have any concerns.

Each item requires passing or failing. Those you have passed should have a sticker applied to them to show that a PAT test has been passed, when it was conducted and when the next test is due.

What should I do if an item fails the PAT test?

As a landlord you have a duty of care to your tenants. Any item that fails a PAT test should be removed from the property and either repaired or replaced. Failed items should not, in any circumstances, be left in the property for tenants to continue using.

Do new appliances need to be PAT tested?

No, any new items you furnish the property with will not require PAT testing. However, the Health & Safety Executive recommends that any new items be inspected for signs of damage before allowing tenants to use them.

Are PAT tests the same as an EICR?

No, the EICR is not the same as a PAT test. An EICR, or Electrical Installation Condition Report, is a legal requirement for landlords that checks the safety of the fixed wiring and electrical installations. This particular inspection and report can only be completed by a professional electrician, unlike the PAT test, which can be conducted by either a landlord or certified professional. The EICR is valid for five years, after which landlords must book a new inspection.

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