01/05/2020
From 1st July 2020, all private tenancies in England will need to ensure that electrical installations are inspected and tested by a qualified electrician, before a new tenancy begins, under the draft legislation. Existing private tenancies will be required to have an electrical safety test carried out by the 1st April 2021, in order to comply with the new rules. After the initial test, it will be the landlord’s responsibility to uphold electrical safety and to commit to testing and inspection once every 5 years.
The Regulations
These new regulations will apply to all properties across the private renting sector, including houses with multiple occupancies but will not apply to lodging agreements where a tenant lives with the landlord or their family. Failing to carry out this new periodic inspection and testing could result in the local authority imposing financial penalties of up to £30,000 for each breach.
The Report
After a qualified electrical company has carried out electrical installation testing, the landlord must receive a written report which details the results of the inspection and the required date for the next one. Tenants within the property should be supplied with their own copy of this within 28 days of the inspection and the local authority must be supplied with a copy if they request one. For new tenancies, this report must also be given to any prospective tenants who make a request in writing.
Finding and Fixing Faults
Should the report identify any faults with the electrical installation, the landlord must ensure repairs or investigations are carried out by a competent person no later than 28 days after the inspection. Once any remedial work is carried out, confirmation that it has taken place and meets electrical safety standards must be supplied to existing tenants and the local housing authority, also within 28 days of the work being undertaken.
Enforcement
In order to protect tenants, the local authority will enforce a number of procedures in the event of a landlord breaching this legislation. Where urgent works are not required, they will serve a ‘remedial notice’ within 21 days of the authority deciding it has reasonable grounds to act. The landlord will then have 28 days from the service of the notice to take the outlined action or make written representations in 21 days if they disagree.
Once any representation is made, the remedial notice may be suspended if the local authority responds, which they should do within 7 days. If they confirm, the suspension ceases and the landlord has 21 days to comply.
One Way are competent and qualified commercial electricians who can help the landlord to comply with this new legislation, get in touch with us today on 01782 595 600.