Landlords should be aware the Government has proposed detailed regulations which should lead to the enforcement of mandatory five-year electrical safety checks for private rental sector property. These regulations are scheduled to come into effect from July 2020.
While the Regulations may be approved by the House of Commons and the House of Lords, expectations are this will be a formality. If this is the case, from the 1st of July 2020, all new privately rented tenancies, in England, need to ensure electrical installations have been inspected and tested by a qualified person, before the start of the tenancy.
The landlord is then expected to ensure the installation is inspected and tested at least every five years. If the most recent safety report calls on for the property to be tested in a shorter time-scale, the landlord is duty bound to follow the safety report.
For tenancies already in place, the important date for when electrical safety tests need to be carried out is 1st of April 2021. After the initial test, the requirement for testing follows the information stated above for new tenancies.
What must the landlord do after the test
After electrical installation has been tested, the landlord should ensure they receive a written report from the qualified person who carried out the inspection. This report must contain the results of the test, and the next inspection date.
The landlord should provide a copy of the report to all tenants living in the property, within 28 days of the test.
If a local authority requests a copy of the report, the landlord must supply the report in seven days.
Landlords are advised to retain a copy of the report until the next inspection, and they should provide a copy of the previous report to the person carrying out the new inspection.
When there is a new tenancy, landlords are required to provide a copy of the most recent tenant before they take up residency in the property. Also, if any prospective tenant requests a copy of the report, it should be provided in 28 days.
What happens if faults are found
If a fault or potential fault is found, the landlord must arrange for repair work to be carried out by a qualified professional within 28 days of the inspection, or by the date stated in the report, whichever is shorter.
The landlord should receive written confirmation the faults have been resolved, and then this confirmation should be provided to tenants within 28 days. This process should be completed until the electrical installation is deemed compliant.
If the landlord fails to comply with the regulations, the local authority can act. If urgent work isn’t carried out, a ‘remedial notice’ can be served on the landlord. A fine of up to £30,000 can be imposed on a landlord who breaches the regulations.
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