The Electrical Safety Standards in the Private Rented Sector (England) Regulations (Regulation), came into force in England on 1 June. The new rules form part of the Housing, Communities and Local Government department’s wider work to improve safety in all residential premises, and particularly in the private rented sector. The regulation applies to all new tenancies from 1 July, and existing tenancies from 1 April 2021.
Landlords already must make sure that the wiring and appliances in their properties are safe, but there is now a legal requirement for them to have their electrical installations inspected every five years by a qualified and competent person and to provide safety certificates to tenants and their local authority. The government advises that the electrical industry establishes competent person schemes. This means that all landlords now must do what good landlords are already doing: make sure that the electrical installations in their rented properties are safe.
Any serious problems identified will need to be remedied quickly. Local authorities will have a duty to act if landlords do not comply with the requirements and will be able to issue fines if necessary. Local housing authorities must now serve a remedial notice if a landlord has not complied with one or more of their duties under the regulation. They can step in to arrange repairs and recover the cost from the landlord, or issue a fine for up to £30,000 for non-compliance.
To comply with the new regulations, Landlords must do the following:
- Ensure national standards for electrical safety are met.
- Arrange for the electrical installations in their properties to be inspected and tested by a qualified person at least once every five years.
- Obtain a report from the person conducting the inspection and test.
- Provide a copy of the report to the tenant within 28 days of the inspection, or a new tenant before they occupy, and to any prospective tenant within 28 days of receiving a request for the report.
- Supply the local authority with a copy of the report within seven days of receiving a request.
- Retain a copy to give to the inspector and tester who will undertake the next inspection and test.
- If remedial or further investigative work is necessary, complete the work within 28 days or any shorter period as specified in the report.
- Supply written confirmation from the electrician to the tenant and local authority within 28 days of the remedial works being completed.
How we can help
If you are a landlord of private rented accommodation and require any further advice and information regarding the new electrical safety standards regulation, please get in touch with our Corporate & Commercial Services team here at Bromleys on 0161 330 6821 email:
Paul Westwell – pwestwell@bromleys.co.uk
Martin Blaylock – mblaylock@bromleys.co.uk
Amie Carey – acarey@bromleys.co.uk