From July 2020 all private landlords must obtain reports of their fixed electrical installations in accordance with regulations contained in the Housing and Planning Act 2016.
From 1 July 2020 the Regulations contained in the Housing and Planning Act 2016 which currently requires landlords of licensable HMOs to ensure that their fixed electrical installations comply with the 2018 edition of the IEEE wiring regulations applies to all landlords.
This requirement will apply to renewals, assured shorthold tenancies, periodic assured shorthold tenancies and tenancies where the tenant occupies their property as their only or main residence and pays rent.
The checks are to be conducted before a tenancy commences or before 1 April 2021 if the tenancy is already in place and repeated every 5 years.
A landlord must provide a copy of the inspection report to a tenant before occupation. It is important to note that when a prospective tenant makes a written request for a copy of the electrical report, it must be provided within 28 days of the written request and therefore the report will need to be obtained when the property is marketed.
Requests by local authorities for a copy of the electrical report must be provided within 7 days of the request. Otherwise they can issue remedial notices to landlords who are in breach of their duties. Urgent notices will be issued for serious matters and for work to be commenced immediately to which the landlord can make representations however, local authorities can arrange the remedial work, recover these costs from a landlord and may issues civil penalties for a landlord’s non-compliance of its duties up to a maximum of £30,000.
It is important to note that the Regulations do not place any obligations on a landlord’s agent who may be dealing with such matters when commonly, landlords delegate such tasks to their agents.
The private rented sector now has more obligations by virtue of these Regulations and tight time frames for compliance.
This blog was written by: Polly Hill
DISCLAIMER: Please note that this post sets out the general position under the general law. It should not be acted upon in any specific circumstances without taking specific legal advice as to those circumstances. Also, it should not be relied upon, acted upon or treated as a substitute for specific advice relevant to particular circumstances. If you do require specific advice please contact us for assistance.
