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Landlord Safety Checks
Mandatory five-year electrical safety check.
The Government has proposed detailed regulations for enforcing mandatory five-year electrical safety checks in the private rented sector from July 2020
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were laid in Parliament in mid January 2020. They require approval from
both the House of Commons and the House of Lords before they come into force.
New expectation for landlords
Once the electrical installation has been tested, the landlord must:
Ensure they receive a written report from the person conducting the inspection, which includes the results and the required date for the next inspection
Supply a copy of this report to each existing tenant living in the property within 28 days of the inspection
Supply a copy within seven days to the local authority, if they request a copy.
Keep a copy of the report until the next inspection, and give a copy to the person undertaking the next inspection.
For new tenancies, the landlord must:
Provide a copy of the most recent report to a new tenant before the tenant occupies the property.
Give a copy of the most recent report to any prospective new tenant who requests the report in writing, within 28 days of receiving such a request.
Remedying any faults
If the electrical safety report identifies a fault or potential fault, the landlord must either investigate further or repair. Landlords must ensure further investigations or repairs are completed by a qualified electrician within 28 days of the inspection, or within the timeframe set out in the report if this is sooner.
After these further investigations or repairs, landlords must ensure they receive written confirmation that these have been carried out and that either the electrical safety standards are met, or that further work is required.
This confirmation must be supplied to each existing tenant and to the local housing authority within 28 days of the work being undertaken, along with the original report identifying further work is required.
This process must be repeated until the electrical installation is found to be compliant.
Enforcement - What can happen if a Landlord doesn't act?
If a landlord breaches the report requirements, the local authority has a duty to act. In the situation where urgent works are not required, the local authority must serve a ‘remedial notice' on the landlord. This must be served within 21 days of the local authority deciding it has reasonable grounds to act.
The landlord will have 28 days from the date of service of the notice to take the action outlined, or must make written representations within 21 days
if they disagree with the notice.
Once the landlord has made written representations, the remedial notice is suspended until the local authority responds – which must be within seven days. If the local authority confirms the notice, the suspension ceases, and the landlord has 21 days to comply with the requirements.
If the tenants of the property refuse access to the landlord for these remedial works, the landlord will not be considered to have breached this duty purely because they have not brought legal proceedings to access the property.
If the landlord does not undertake the remedial works, the local authority can access the property with the tenants' permission to remedy the issue. The local authority must serve notice to the landlord informing them of this action – to which the landlord can appeal to the First-tier Tribunal. Local authorities can also recover costs reasonably incurred from the landlord.
Where urgent remedial works are required and the landlord has not undertaken these, the local authority can arrange for the works to be undertaken. The local authority must inform the landlord within seven days of the works commencing.
(Information taken from the
National Landlords Association website.)
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