New electrical checks and safety standards for Landlords

New electrical checks and safety standards for Landlords

8:59 AM, 15th January 2020, About 4 years ago

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The Ministry of Housing Communities and local government has written draft legislation proposed to come into force 1st June 2020 titled ‘The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020’ Click here.

Landlords will need to ensure that the electrical safety standards are met  and ensure every electrical installation is inspected and tested at regular intervals of no more than 5 year by a qualified person

First inspection and testing must be carried out before the tenancy commences or by 1st April 2021 in relation to an existing specified tenancy.

Financial penalties faced by landlords for a breach of the above regulations will be a maximum of £30,000

This will need to be passed by the House of Commons and the Lords, but with the new government majority is unlikely to meet much resistance.

David Cox, Chief Executive, ARLA Propertymark commented:

“We are supportive of this concept and believe it will create a level playing field for all agents and landlords as well as ensuring improved safety standards for tenants. Mandating  electrical testing should have a limited impact on good professional landlords and agents in the market, many of whom already voluntarily undertake these inspections. We did raise concerns about the number of engineers available to undertake these reports by the April 2021 deadline but have received assurances from MHCLG about capacity in the supply chain.”

Duties of private landlords in relation to electrical installations

3.—(1) A private landlord(7) who grants or intends to grant a specified tenancy must—

(a)ensure that the electrical safety standards are met during any period when the residential premises(8) are occupied under a specified tenancy;

(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and

(c)ensure the first inspection and testing is carried out—

(i)before the tenancy commences in relation to a new specified tenancy; or

(ii)by 1st April 2021 in relation to an existing specified tenancy.

(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—

(a)at intervals of no more than 5 years; or

(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.

(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—

(a)obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;

(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;

(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;

(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and

(e)supply a copy of the most recent report to—

(i)any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and

(ii)any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.

(4) Where a report under sub-paragraph (3)(a) indicates that a private landlord is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the private landlord to undertake further investigative or remedial work, the private landlord must ensure that further investigative or remedial work is carried out by a qualified person within—

(a)28 days; or

(b)the period specified in the report if less than 28 days,

starting with the date of the inspection and testing.

(5) Where paragraph (4) applies, a private landlord must—

(a)obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that—

(i)the electrical safety standards are met; or

(ii)further investigative or remedial work is required;

(b)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to each existing tenant of the residential premises within 28 days of completion of the further investigative or remedial work; and

(c)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to the local housing authority within 28 days of completion of the further investigative or remedial work.

(6) Where further investigative work is carried out in accordance with paragraph (4) and the outcome of that further investigative work is that further investigative or remedial work is required, the private landlord must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.

(7) For the purposes of sub-paragraph (3)(e)(ii) a person is a prospective tenant in relation to residential premises if that person—

(a)requests any information about the premises from the prospective landlord for the purpose of deciding whether to rent those premises;

(b)makes a request to view the premises for the purpose of deciding whether to rent those premises; or

(c)makes an offer, whether oral or written, to rent those premises.

Remedial action

Duty of local housing authority to serve a remedial notice

4.—(1) Where a local housing authority has reasonable grounds to believe that, in relation to residential premises situated within its area, a private landlord is in breach of one or more of the duties under regulation 3(1)(a), (1)(b), (1)(c), (4) and (6), and the most recent report under regulation 3(3) does not indicate that urgent remedial action is required, the authority must serve a remedial notice on the private landlord.

(2) A remedial notice must—

(a)specify the premises to which the notice relates;

(b)specify the duty or duties that the local housing authority considers the private landlord has failed to comply with;

(c)specify the remedial action the local housing authority considers should be taken;

(d)require the private landlord to take that action within 28 days beginning with the day on which the notice is served;

(e)explain that the private landlord is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served;

(f)specify the person to whom, and the address (including if appropriate any email address) to which, any representations may be sent; and

(g)explain the effect of regulations 11 and 12, including the maximum financial penalty which a local housing authority may impose.

(3) The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).

(4) The local housing authority must consider any representations made under paragraph (2).

(5) Where a private landlord makes written representations the remedial notice is suspended until the local housing authority has complied with paragraphs (4) and (6).

(6) The local housing authority must—

(a)inform the private landlord in writing of the outcome of the consideration under paragraph (4) within 7 days beginning with the day on which the period under sub-paragraph (2)(e) expires; and

(b)where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, confirm that notice and inform the private landlord in writing that the remedial notice is confirmed and the suspension under paragraph (5) ceases to have effect.

(7) The local housing authority may withdraw the remedial notice at any time.
Duty of private landlord to comply with a remedial notice

5.—(1) Where a remedial notice is served on a private landlord, the private landlord must take the remedial action specified in the notice within—

(a)where no representations are made under regulation 4(2) and the remedial notice is not withdrawn, the period specified in regulation 4(2)(d); or

(b)where representations are made under regulation 4(2) and the outcome of the consideration under regulation 4(4) is to confirm the remedial notice, 21 days from the day on which the private landlord is informed that the suspension under regulation 4(5) ceases to have effect.

(2) A private landlord is not to be taken to be in breach of the duty under paragraph (1) if the private landlord can show they have taken all reasonable steps to comply with that duty.

(3) For the purposes of paragraph (2), where a private landlord is prevented from entering the residential premises to which the duty under paragraph (1) relates by the tenant or tenants of those premises, the private landlord will not be considered to have failed to have taken all reasonable steps to comply with the duty under paragraph (1) solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.
Power of local housing authority to arrange remedial action

6.—(1) Where a local housing authority is satisfied, on the balance of probabilities, that a private landlord on whom it has served a remedial notice is in breach of the duty under regulation 5(1), the authority may, with the consent of the tenant or tenants of the premises in relation to which the remedial action is to be taken, arrange for an authorised person to enter those premises to take the remedial action specified in the remedial notice.

(2) Before the remedial action is taken the local housing authority must serve a notice on the private landlord specifying—

(a)the premises in relation to which the remedial action is to be taken by the authorised person under paragraph (1) and the nature of that remedial action;

(b)the power under which the remedial action is to be taken by the authorised person in paragraph (1);

(c)the date when the remedial action will be taken by the authorised person; and

(d)the right of appeal under regulation 7 against the decision of the authority to arrange for an authorised person to take the remedial action.

(3) The local housing authority must arrange for an authorised person to take the remedial action within 28 days of—

(a)the end of the notice period in regulation 7(3) where there is no appeal; or

(b)an appeal decision that confirms or varies the decision of the local housing authority where there is an appeal.

(4) An authorised person must—

(a)give not less than 48 hours’ notice of the remedial action to the tenant or tenants of the residential premises on which it is to be taken; and

(b)if required to do so by or on behalf of the private landlord or tenant or tenants, produce evidence of identity and authority.

Financial penalties for breach of duties

11.—(1) Where a local housing authority is satisfied, beyond reasonable doubt, that a private landlord has breached a duty under regulation 3, the authority may impose a financial penalty (or more than one penalty in the event of a continuing failure) in respect of the breach.

(2) A financial penalty—

(a)may be of such amount as the authority imposing it determines; but

(b)must not exceed £30,000.


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Comments

B4lamb

18:20 PM, 17th January 2020, About 4 years ago

Obfuscated Data

Jk

18:38 PM, 17th January 2020, About 4 years ago

Obfuscated Data

Ian Morgan

20:52 PM, 17th January 2020, About 4 years ago

Reply to the comment left by Seething Landlord at 17/01/2020 - 10:18
I'm just going by my regulatory body, NAPIT. What if I didn't code a C2 and put C2 and someone got a shock, even non fatal? In court, experts would pull out any book etc that says I should have coded it C2.... BS7671 18th Edition is non statutory, but the courts, HSE use it to prosecute etc.
Regulation 522.6.202 pvc/pvc cables ("house wires") in walls/partitions less than 50mm no RCD protection code C2. NAPIT guidance.

I've not been qualified very long, so I sing from the song sheet of NAPIT, my registered body. I work alone and alongside time served (50 years!!) spark. We talk at length about regs and changes. His standpoint is "it was right at the time of installation". I think this summarises the arguments here!

I may set up a web site offering analysis of EICRs, good idea?

Jk

21:39 PM, 17th January 2020, About 4 years ago

Obfuscated Data

B4lamb

22:00 PM, 17th January 2020, About 4 years ago

Obfuscated Data

Jk

22:20 PM, 17th January 2020, About 4 years ago

Obfuscated Data

Seething Landlord

23:41 PM, 17th January 2020, About 4 years ago

Reply to the comment left by Jk at 17/01/2020 - 22:20
You are absolutely right - that is the current situation, which will continue for all premises other than those let on a private tenancy.

The problem, at risk of repeating myself, is that the draft regulations introduce a dramatic change, requiring that landlords ensure that "the standards for electrical installations in the eighteenth edition of the Wiring Regulations" are "met" at all times that their residential premises are let.

The guidance that "An installation which was designed to an earlier edition of the Regulations and which does not fully comply with the current edition is not necessarily unsafe for continued use, or requires upgrading" will no longer be valid for rented properties.

Government might have intended that the present guidance would remain valid, but that is not the effect that the draft regulations will have. That is why we need to try and get them changed before they are rubber stamped and become law.

Dylan Morris

4:32 AM, 18th January 2020, About 4 years ago

Reply to the comment left by Seething Landlord at 17/01/2020 - 23:41Excellent comment and good summing up of the issue. The problem is here the lawyers, civil servants and MP’s have no idea whatsoever of the consequences of what they are going to put into place. We’re only a few months away before this becomes law and we need a plan of action to prevent this farce becoming reality. What can we do ?
(I had an electrician round to one of my rental properties yesterday to do a little job and mentioned all this to him. House was built in 1982 and the wiring is the old colours, neutral is black whereas new wiring it’s blue. He said although there’s nothing wrong with it safety wise, to comply with Edition 18 the whole house will need rewiring, it’s a 3 bed semi and he reckons will cost £4,500).

Southern Er

8:09 AM, 18th January 2020, About 4 years ago

Reply to the comment left by Jk at 17/01/2020 - 21:39
I’m an electrician of 22 years. It’s crazy but I have to employ an electrician to test my properties. I’m qualified to 18th edition. Have the 2391 qualification and have also done the building regulations course but I don’t belong to a body as I am employed.
I can do all I need to at work, but it’s too much hassle and not cost effective to sign up to a body for c.£1000 pa to test my own properties every 5 years.
The courts will look at the regulations in bs7671 2018. You need proof the installation is safe and the way you get and prove that is by having it checked and certified. If it’s checked and certified you are able to prove that you complied with bs7671. You don’t have to. The regs are only a guide and are non statutory but by following the guide is how you show you have complied with the statutory document which is the 1974 health and safety at work act.

Southern Er

8:17 AM, 18th January 2020, About 4 years ago

Reply to the comment left by Seething Landlord at 17/01/2020 - 23:41
But the regs currently say that regs are not retrospective and existing installations will only be a problem if a danger arises. This will allow c3 to be used which is basically “not dangerous but does not comply”. If you have a test done and c3 comes up, you do not have to remedy it as it is retrospective. The sparks will note it for information only.
C2 means potentially dangerous and must be remedied and this will fail the certificate as danger is likely to arise.
C1 is immediate danger and the installation must be made safe and repaired immediately. Making safe may mean turn it off until it can be repaired or making a repair to make the C1 fault a c2 which then has to be repaired ASAP.

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