Electrical Safety Standards in the Private Rented Sector
New regulations requiring private landlords to ensure every electrical installation in the residential premises is inspected and tested every five years by a qualified person come into force from 1 June 2020.
The regulations will apply to -
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All new residential tenancies in the private rented sector signed on or after 1 July 2020
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All existing residential tenancies in the private rented sector with effect from 1 April 2021
Main requirements:
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Ensure that the electrical safety standards (being those in the 18th edition of the wiring regulations, published by the institution of engineering and technology and the british standards institution as BS 7671: 2018) are met during any period when their property is occupied by a tenant as their main or only home.
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Ensure every electrical installation in the property is inspected and tested at least every five years by a qualified person who will provide a written report and provide the inspection/testing report to:
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new tenants before they occupy the property
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existing tenants within 28 days of the inspection and test
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prospective tenants within 28 days of a request for the report
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The council within 7 days of receiving a written request for the report.
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Carry out any further or investigative work recommended by the report within 28 days or any lesser period specified in the report and obtain written confirmation that the work has been done to the correct standard.
Guidance on the electrical safety standards for landlords and tenants has been published by the Ministry of Housing, Communities and Local Government: https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities
What happens if this isn’t complied with?
If a landlord breaches any of the requirements within the electrical safety regulations, the council has a duty to act to ensure remedial action is taken by serving a notice containing statutory deadlines. The council will also have the power to impose financial penalties of up to £30,000 for a breach of the electrical safety regulations.
My landlord hasn’t provided me with a copy of an Electrical Safety Certificate what should I do?
If you think your landlord has not complied with any part of the regulations, such as failing to arrange an inspection or not acting on the work required by the report please contact us.
My tenant won’t allow my electrician access, what should I do?
A landlord is not in breach of their duty to comply with a remedial notice, if the landlord can show they have taken all reasonable steps to comply.
A landlord could show reasonable steps by keeping copies of all communications they have had with their tenants and with electricians as they tried to arrange the work, including any replies they have had. Landlords may also want to provide other evidence they have that the installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous safety reports.
A landlord’s duty to comply with the regulations still applies during the current coronavirus (COVID-19) outbreak and you should follow the Government guidance so that the electrical inspection can be carried out in a safe way: https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities