Electrical Safety Regulations apply to all new tenancies from 1 July
Electrical Safety Regulations apply to all new tenancies from 1 July 2020
When do the Regulations apply?
The Regulations apply to all new tenancies on 1 July 2020 and for existing tenancies on 1 April 2021.
What are a landlord’s obligations under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020?
The Regulations require landlords to:
- Have electrical installations in their properties inspected and tested by a qualified person at least every 5 years.
- Provide a copy of the report to the tenants within 28 days of the inspection and test; and to the local authority within 7 days if requested.
- Retain a copy until the next inspection is due.
- Supply a copy of the last report to any new tenant before occupation, and any prospective tenant within 28 days of a request.
- If the report requires works the landlord must undertake further investigative or remedial work within 28 days or within any lesser time period as specified in the report.
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Exclusions from the Regulations
The exclusions are:
- private registered providers of social housing
- lodgers/tenants sharing accommodation with landlords or landlord’s family
- long leases (more than seven years)
- student halls of residence
- hostels and refuges
- care homes, hospitals and hospices and other accommodation relating to healthcare provision.
Enforcement
If the Local Authority has reasonable grounds to believe a landlord is in breach of its duty under the Regulations, they can serve a remedial notice setting out the breaches and the action required. The landlord must then take any action within 28 days of the notice being served.
A landlord is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served.
Where a private landlord makes written representations, the remedial notice is suspended until the local housing authority considers the representations and informs the landlord of the outcome.
If a landlord fails to carry out the required works, the Local Authority does have the power to carry out the works (with the tenant’s consent) and then recover the cost from the landlord.
If the Local Authority is satisfied beyond reasonable doubt that a landlord has breached the Regulations, then a maximum penalty of £30,000 can be imposed.
What happens if a landlord cannot carry out a check or follow up work due to the Covid 19 pandemic?
Despite the current crisis, landlords are still required to comply with the law. If a landlord cannot carry out their obligations, they must demonstrate they have taken all reasonable steps to comply.
If a landlord cannot gain access to the property due to the restrictions in place, or there are no available contractors to carry out the necessary work, it is recommended to keep all evidence of attempts to do so and any correspondence with the tenants.
Local Authorities and enforcement agencies have been encouraged to take a common sense approach to enforcement.
If you have any questions about your obligations as an agent or landlord then please feel free to contact the team and we will be happy to help.
