The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 “the Regulations” came into force on 01 June 2020.
The Regulations apply:
- From 01 July 2020 to a tenancy agreement that is entered into on or after 01 June 2020
- From 01 April 2021 for all tenancy agreements (i.e. ones entered into prior to 01 June 2020)
Under the Regulations, landlords are required to ensure that the electrical safety standards as set out in the 2018 edition of the IET wiring regulations are met when a property is occupied by a tenant. Landlords are obliged to ensure that a qualified person inspects every electrical installation at least every 5 years and issues a report. A landlord is then obliged to provide a copy of the report to a tenant within 28 days of the inspection and a copy to any new tenant prior to them moving into the property. Certain tenancies are excluded from the Regulations including social landlords.
It is the local authority that has the power to enforce the Regulations and ultimately, are able to impose a civil penalty up to £30,000 for non-compliance.
Guidance has now been published by the Ministry of Housing, Communities and Local Government on electrical safety standards for use by landlords, tenants and local authorities.
The Guidance for Landlords, states that it is the landlord’s duty to locate a “qualified and competent” person to inspect the property and prepare the relevant report. The Guidance for Tenants includes information on what will happen before, during and after an inspection.
Lastly, the Guidance for Local Authorities sets out their duties and enforcement powers. It should be noted that a local authority has the power to issue a remedial notice if a landlord is not compliant with the Regulations.
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