New Mandatory Electrical Safety Regulations for Private Rental Properties
Private landlords in England need to be aware of the Electrical Safety Standards that come into force on 1st July this year. The standards apply to new residential tenancies from 1st July 2020 and existing tenancies from 1st April 2021.
The Electrical Safety Regulations apply to residential tenancies where tenants pay rent and have the right to occupy the premises as their main or only residence. The regulations replaced those that were already in place for HMOs.
Landlords, or their agents, will be required to hire a qualified person to carry out inspection and testing.
The electrician is required to prepare a report detailing the results of the inspection and the date of the next inspection. (Inspection should be carried out at intervals not exceeding 5 years).
If any breaches are found in the report, further investigation must be carried out within 28 days, or sooner if specified. Written confirmation of the completion of any remedial work should be obtained and provided to the Local Authority and the tenant.
New tenants should be provided with the report before moving in. In the case of an existing tenant it should be provided within 28 days of receipt.
Local authorities will be responsible for enforcing the new regulations and will be able to impose a penalty of up to £30,000 if a landlord is found to be in breach of their duty.
The Local Authority will also have the power to serve remedial notices which should be actioned by the landlord within 28 days. If the landlord fails to carry out the necessary work, the Local Authority can arrange for the work to be carried out and recover the costs from the landlord.
There are some exclusions from the new regulations, these include student lettings in halls of residence, tenancies granted to occupiers of care homes, refuges, hostels, hospitals, and hospices as well as lodger arrangements.
It is important that landlords use a competent, qualified electrical inspector to carry out the inspection and testing. This is where we can help. If you are a private landlord of either an HMO or other rental property please get in touch to arrange your inspection, or for any help and advice you may need, our friendly experienced team will be happy to help.