The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

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The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (N0.312) will brought into force from the 1st June 2020 (1.2). The new regulations will be phased in in 2 stages, the 1^st starting on the 1^st June 2020 will apply to “all new specified tenancies” (1.3a) and the 2^nd applying to “all existing specified tenancies from 1st April 2021” (1.3b). From these dates landlords in the private rented sector will have new duties and regulations to adhere to with substantial penalties for landlords who wilfully ignore their duties.

Duties of private landlords in relation to electrical installations to be implemented on the dates stated above include (abbreviated list):

1. Ensuring that the electrical installation is inspected at regular intervals by a qualified person.
2. Electrical Inspections are to be completed at intervals of no more than 5 years unless a previous report states a shorter time frame.
3. Ensuring that the first inspection is carried out before the tenancy commences.
4. Obtaining a copy of the report and the inspection results from the person completing the inspection.
5. Provide a copy of the report to the tenants within 28 days of the inspection.
6. Submit a copy of the report to the local housing authority within 7 days of receiving a written request.
7. Retain a copy until the next inspection is completed.
8. Further investigative or remedial works highlighted in the report is to be completed within a maximum of 28 days or less if stated otherwise within the report.
9. Provide an updated report to tenants within 28 days of any remedial or investigative works being completed.
10. Tenants are to be given not less than 48 hours’ notice of remedial action to be completed unless there is immediate danger present.

Responsible landlords take their legal duties seriously but there are some that do not, and the local housing authority now has the power to enforce the new regulations as they come into force. These powers include financial penalties of up to £30,000 (11.2.a) and with the consent of the tenant they can arrange for an authorised person to take the urgent remedial action (10.b).

The new regulations can be viewed or downloaded at: http://www.legislation.gov.uk/ukdsi/2020/9780111191934

For advice, guidance, to book an inspection or to arrange remedial works please contact Lola Electrical on 0203-146-1859 or 07516-717-098 or liam@lolaelectrical.co.uk

 

The following section covers the new duties for landlords as per: The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 No.312 (non-abbreviated)

PART 2

Duties of Private Landlords

Duties of private landlords in relation to electrical installations

3.— (1) A private landlord (7) who grants or intends to grant a specified tenancy must—

• ensure that the electrical safety standards are met during any period when the residential premises (8) are occupied under a specified tenancy;
• ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and
• ensure the first inspection and testing is carried out—

(i) before the tenancy commences in relation to a new specified tenancy; or (ii) by 1st April 2021 in relation to an existing specified tenancy.

• For the purposes of sub-paragraph (1)(b) “at regular intervals” means—

(a) at intervals of no more than 5 years; or

(b) where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.

• Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—
  • obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;
  • supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;
  • supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;
  • retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and (e) supply a copy of the most recent report to—
    • any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and
    • any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.
  • Where a report under sub-paragraph (3)(a) indicates that a private landlord is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the private landlord to undertake further investigative or remedial work, the private landlord must ensure that further investigative or remedial work is carried out by a qualified person within— (a) 28 days; or

(b) the period specified in the report if less than 28 days, starting with the date of the inspection and testing.

• Where paragraph (4) applies, a private landlord must—
  • obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that— (i) the electrical safety standards are met; or

(ii) further investigative or remedial work is required;

• supply that written confirmation, together with a copy of the report under subparagraph (3)(a) which required the further investigative or remedial work to each existing tenant of the residential premises within 28 days of completion of the further investigative or remedial work; and
• supply that written confirmation, together with a copy of the report under subparagraph (3)(a) which required the further investigative or remedial work to the local housing authority within 28 days of completion of the further investigative or remedial work.

• Where further investigative work is carried out in accordance with paragraph (4) and the outcome of that further investigative work is that further investigative or remedial work is required, the private landlord must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.
• For the purposes of sub-paragraph (3)(e)(ii) a person is a prospective tenant in relation to residential premises if that person—
  • requests any information about the premises from the prospective landlord for the purpose of deciding whether to rent those premises;
  • makes a request to view the premises for the purpose of deciding whether to rent those premises; or
  • makes an offer, whether oral or written, to rent those premises.

(3)    See the definition of “local housing authority” in section 123(6) of the Housing and Planning Act 2016.

(4)    S.I. 2010/2214. There are no relevant amendments.

(5)    ISBN-13: 978-1-78561-170-4. Copies can be obtained from the Institution of Engineering and Technology, Michael Faraday House, Six Hill Way, Stevenage SG1 2AY.

(6)    See the definition of “tenancy” in section 122(6) of the Housing and Planning Act 2016.

(7)    See the definition of “private landlord” in section 122(6) of the Housing and Planning Act 2016.

(8)    See the definition of “residential premises” in section 122(6) of the Housing and Planning Act 2016.