The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities) came into force on 1 June 2020 and are enforced by the Council’s Private Sector Housing Team. Fines for non-compliance of up to £30,000 could be imposed.
The new rules applies to all new standard Tenancies from the 1 July 2020 (a new Tenancy is one that was granted on or after 1 June 2020) and all existing Tenancies from 1 April 2021.
Landlords of privately rented accommodation must:
If a private tenant has a right to occupy a property as their only or main residence and pays rent, then the Regulations apply. This includes assured shorthold tenancies and licences to occupy. For ‘statutory periodic tenancies’ – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy will be a new tenancy. Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations.
If private rented premises are found in contravention of this Act eg: remedial works are not completed or no certificate exists, then the Council has a duty to serve a remedial notice specifying the required action to be taken by the Landlord in the next 28 days. Should a landlord not comply with the notice, the local authority may arrange for remedial action to be taken themselves. The local authority can recover the costs of taking the action from the landlord. The landlord has the right of appeal against a demand for costs.
Councils may also impose a penalty following failure to comply with the remedial notice via a ‘civil penalty’ (as per Housing Act 2004 and Housing and Planning Act 2016) of up to £30,000.
Further information is available at (www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities).
If you have any queries please complete our contact form Private Sector Housing Team.