10 important things about the new Electrical Safety Regulations for Landlord

Electrical Safety Standards Regulations 2020

From 1st of June 2020,  landlords will need to comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

The new regulation means, landlords must ensure electrical installation is inspected and tested, at least every five years. A qualified person must do the inspection.

Ten key points landlords need to know are:

  1. every fixed electrical installation is to be inspected and tested every five years.
  2. The inspection must be carried out by a qualified professional.
  3. If the inspection report indicates the next testing should take place in less than five years, the date which occurs first is the relevant date to follow.
  4. Landlords are required to retain a copy of the report.
  5. Landlords need to retain a copy of the inspection report until the next inspection is due.
  6. Landlords, if requested by the local authority, must provide a copy of the report to their local authority, within seven days.
  7. Local authorities have the power to impose a financial penalty, of up to £30,000 for proven breaches of the regulations.
  8. Before the commencement of a tenancy, landlords are advised to provide a copy of the inspection report, to the tenant.
  9. Under the new regulations, all prospective tenants are entitled to request, a copy of the inspection report.
  10. Remedial work should be carried out, in no more than 28 days.

RLA warning on this new safety Regulation

The RLA has warned that the New legislation will immediately remove the obligation for landlords to carry out electrical safety checks in HMOs.

New regulations when they come into force June 2020 raise the prospect of rental properties like HMO’S not being covered by a legally binding electrical safety regime according to the Residential Landlords Association (RLA).

The new regulations with a potential loophole will replace the existing section of the HMO Management Regulations on fixed electrical installations. They are leaving a window where bad landlords will legally not be required to keep the electrical installation in the let property safe.

The obligation under the new rules will not apply until a tenancy is renewed or April 2021, whichever comes first.

This will leave some rental properties under no legally binding electrical safety regime for the interim period, leaving tenants without the assurance that properties are safe, RLA says.

The RLA has since written to the government requesting the government to delay the implementation of the new framework to provide time to address the problem that will be caused by the new regulations.

Mr David Smith, policy director for the Residential Landlords Association, has said: “Good landlords don’t need to be told to carry out safety checks, but these changes to regulations leave tenants vulnerable to those landlords who are not so responsible.

“It is essential for the safety of tenants that the loophole being created is closed, and we urge the government to delay implementation until that happens.”

Mr Sasha Charles of Landlord Advice UK  said; there are a number of recent regulations, that have been implemented. All landlords should ensure, they are aware of there legal obligations as landlords as to what they are”.

What do the experts say about the Electrical Safety Standards?

Wakefield firm Electricblu has said:

“There have been a number of different regulatory changes to the electrical industry recently. However, not all of these are directly related to the rental sector and landlords.

To landlord’s, it may often seem that the same regulatory change is responsible for all the changes coming in 2020. That is why it is so important for us to clear the mystery surrounding this!

There are a large number of contractors who do not have a dedicated grasp of the nuances of the rental sector. This could leave the Landlords with poor advice relating to what your specific responsibilities are, the best way to meet these requirements and to ensure ongoing compliance.

The first main change to Electrical Regulations which was brought into force in 2019 was the 18th Edition of the wiring regulations. This change had nothing to do with the landlord requirements and more of a series of technical changes relating to the actual installation.

The second main change, which is going to affect landlords in a much more specific manner, is relating to Electrical Inspections. The regulations in question are being introduced by The Ministry of Housing, Communities and Local Government (MHCLG)” Said electricblu contractors

British Landlords Association

Author: Helen Cartwright

Date: 25th of February 2020

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This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.

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