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

The above regulations were set to come into force on 1st June 2020 requiring Landlords to obtain electrical certificates (in addition to the existing requirement for gas safety certificates and energy performance certificates).

When will the regulations apply?

The regulations will apply in England to all tenancies from 1st July 2020 and existing tenancies from 1st April 2021 with the exclusion of the following types of tenancies:-

  • Private registered providers of social housing;
  • Accommodation shared with a landlord or landlord’s family;
  • Long leases (over 7 years);
  • Student halls of residence;
  • Hostels and refuges;
  • Care homes, Hospitals and hospices;
  • Other accommodation relating to healthcare provision

 

What are the requirements on Landlords?

The regulations will require private Landlords to carry out inspection checks to ensure that the electrical installations in their properties comply with the 2018 edition of the Institute of Engineering and Technology Wiring Regulations and the British Standards Institution as BS 7671: 2018(3).

Landlords must ensure that installations are inspected and tested at least every 5 years by a qualified person who should provide a report detailing the date and results of the inspection. If the report identifies a breach, further investigations must be carried out within 28 days of the inspection (or any lesser period specified in the report). Landlords should obtain written confirmation of completion of any remedial works and provide this to their tenants.

The inspection and testing reports must be provided to any prospective new tenant within 28 days of request, new tenants before they occupy, existing tenants within 28 days of the inspection and the local housing authority within 7 days of receiving a written request for the report.

A new inspection report is not required for each new tenancy provided any existing report is not more than 5 years old.

What are the penalties for not complying?

The regulations will require local housing authorities to enforce the rules and give them the power to serve remedial notices on Landlords where necessary. Breaches of the regulations can result in financial penalties of up to £30,000.00.

With social distancing measures still in place and the regulations expected to come into force very soon, it is important that Landlords are prepared for the new requirements.

If you have any questions about the new regulations then contact Varsha Varsani, Solicitor at Meaby & Co LLP at  vvarsani@meaby.co.uk or 020 703 5034.