On 13 January 2020, a draft set of Regulations were put before Parliament in respect of electrical safety. The “Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020” are being proposed to apply to new tenancies from 1st July 2020 and to all existing tenancies with effect from 1st April 2021.
Where the Regulations apply;
- private landlords must ensure that certain electrical safety standards are met whenever property is let under a tenancy agreement.
- landlords will have a duty to ensure that a qualified person inspects every fixed electrical installation at least every 5 years and produces a report to the landlord. The landlord must supply a copy of the report to the tenant within 28 days of the inspection.
- if any remedial work is required then there is an obligation on the landlord to carry out the work within 28 days or sooner, if so indicated within the report.
As matters stand, the Regulations will apply to any tenancy of residential property that grants one or more people the right to occupy all or part of the property as their only or main residence and for which rent is payable. There are however certain tenancies that are excluded, but the majority of tenancies in the private rented sector will be required to comply with this legislation.
It will be up to the local authority to enforce the Regulations and urgent and non-urgent remedial work will be dealt with differently. It is proposed that local authorities will have the power to impose a civil penalty for any breach of the Regulations with a fine of up to £30,000.
The legislation is currently in its draft format, but it is likely to come into effect over the course of 2020.
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