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Beviss and Beckingsale
Brian Maxwell

Guidance published on electrical safety standards in private rented sector

Posted by Brian Maxwell on June 5th 2020 in All .

The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance on electrical safety standards in the private rented sector for landlords, tenants and local authorities following the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312) coming into force on 1 June 2020.

The Regulations apply:

  • From 1 July 2020 to a tenancy agreement signed on or after 1 June 2020.
  • From 1 April 2021 to a tenancy agreement signed before 1 June 2020.

The guidance for landlords states that it will be the landlord's duty to find a "qualified and competent" person to inspect the property at least every five years and provides assistance on how landlords can choose a "qualified and competent" person. The guidance confirms that a landlord will not be in breach of duty to comply with a remedial notice if the landlord can show it has taken all reasonable steps to comply.

The guidance for tenants includes what to check to assess whether the home is covered by the Regulations, what will be inspected and tested (which are the "fixed" electrical parts of the property), what will happen during the electrical inspection and what will occur after the inspection.

The guidance for local authorities sets out their duties and enforcement powers. These include sending remedial notices when landlords are not meeting obligations under the Regulations, carrying out remedial action for tenants and issuing financial penalties to landlords for failure to comply with the Regulations.

Source: MHCLG: Electrical safety standards in the private rented sector: guidance for landlords, tenants and local authorities (1 June 2020).