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Sections 122 and 123 of the Housing and Planning Act 2016 (electrical safety standards) came into force on 25 October 2019. This means we are one step closer to the introduction of mandatory electrical safety checks in the private rented sector.
An enabling power was contained in the Housing and Planning Act 2016 under Section 122 to allow the Secretary of State through regulations to impose duties on private landlords to ensure that electrical safety standards are met in a property under their ownership, while a tenancy is in place. The Section also allows the Secretary of State to specify obligations that may be required of the landlord with regards to the frequency of checks and the expertise expected of any persons who undertake such checks.
Section 123 provides for the enforcement of any responsibilities introduced under Section 122 including the use of financial penalties and rights of appeal.
Following Royal Assent of the Housing and Planning Act on 12 May 2016, a working group that included, electrical and tenant bodies was established to provide recommendations on what the requirements for electrical safety in the private rented sector should look like.
Now that the Commencement Order is in place, the Secretary of State has the power to lay actual regulations, which we expect to be laid before Parliament shortly.
Summary of Electrical Safety Working Group recommendations:
Recommendation 1: Five yearly mandatory electrical installation checks should be set out in secondary legislation.
Recommendation 2: Visual checks of the safety of the electrical installation by landlords at a change of tenancy should be encouraged as good practice and set out in guidance.
Recommendation 3: A report should be issued to the landlord which confirms that an EICR has been completed along with confirmation that any remedial work necessary has been undertaken satisfactorily. A copy should be issued to the tenant at the beginning of the tenancy and should be made available to local authorities on request.
Recommendation 4: Landlord supplied electrical appliance testing and visual checks of electrical appliances by landlords at a change of tenancy should be encouraged as good practice and set out in guidance.
Recommendation 5: The installation of Residual Current Devices (RCDs) by landlords should be encouraged as good practice and set out in guidance.
Recommendation 6: A Private Rented Sector electrical testing competent person’s scheme should be set up which would be separate from existing Building Regulations competent person’s scheme.
Recommendation 7: DCLG should commission the Electrotechnical Assessment Specification (EAS) management committee to consider the most effective method of recognising ‘competent PRS testers’ to carry out electrical inspections and tests.
Recommendation 8: Legislative requirements should be phased in, beginning with new tenancies, followed by all existing tenancies.
Article Abridged from ARLA
Landlord Accreditation Training Course
Monday 27th January 2020 – 9:30 – 4:30pm
Venue – Charter Room, Plymouth Guildhall, Royal Parade, Plymouth PL1 1HA
Price – £65 for members of SWLA, £75 for non – members for one day course.
Course covers ASTs, Deposits, Section 21s, Section 8s, HMOs, Gas and Electrical Safety, Inventories and much more.
The course will provide you with all the skills to start, manage and finish a tenancy.
Places still available. Contact the office on 01752 510913 or via the website to book your place, places secured on receipt of payment.
Over 780 landlords have already completed this course since September 2011.
Course can lead to Accreditation, if required.
We are proud to announce Landlord Accreditation South West (LASW) are founder members of the West of England Rental Standard.
Landlord Training Course – Intermediate Law
Friday 17th January 2020 – 9:30am – 4:30pm
Of particular interest to letting agents and portfolio holders
Venue – Astor Room, Plymouth Guildhall, Royal Parade, Plymouth PL1 1HA
If you are accredited this will count towards your CPD hours, but the course is open to all.
Cost for SWLA members – £65. Cost for non-SWLA members – £75.
A one-day course providing a more in-depth coverage of important areas of legislation and practice. Amongst the topics included will be:
Plus latest news and updates.
Places secured upon receipt of payment, book your place through the office 01752 510913.
Course will be instructed by Stephen Fowler from Training for Professionals.
On Wednesday 16th October 2019, we held our general meeting at the Future Inn, Plymouth. We had two fantastic speakers; Krissy Salmon from One Savings Bank, discussing the changing landscape of the investor property market. Also, Martyn Taylor, Managing Director of Ashley Taylor Solicitors discussing the Homes (Fitness for Human Habitation) Act 2018 and how it affects landlords, also possession problems and how to avoid them.
60 members were in attendance and had good opportunity to ask questions and have queries answered by the speakers.
Krissy Salmon is happy to help SWLA members with any financial/lending queries following the meeting and can be contacted on; krissy.salmon@osb.co.uk
Martyn Taylor, MD of Ashley Taylors mentioned the services that his company can offer landlords, they are very experienced in possession cases and can offer an advocacy service at possession hearings. Also further legal advice if needed. To book a court advocate for a possession hearing, call 01825 766767. Discount is given to SWLA members.
The next date for your diary is our SWLA open office on Wednesday 11th December 2019 – all members welcome for a Christmas catch up and a mince pie!
Have your say! The Government consultation closes on Saturday 12th October 2019
SWLA members can apply for a TradePro account with Wickes and get 10% off all purchases in store and online.
To apply visit https://www.wickes.co.uk/tradepro/sign-up
Remember to upload two forms of ID with your application;
Your application will be confirmed the next working day, giving you access to the app and the website in order to get your TradePro discount.
Iain Maitland (Vice Chair SWLA) and Linda Johns (SWLA Policy Officer) met with Matt Garrett (Service Director, Community Connections Plymouth City Council) and Councillor Chris Penberthy (Cabinet for Housing and Co-operative Development) on Monday 1st October 2019.
Items on the agenda included the oversupply of HMOs in Plymouth and the abolition of Section 21.
If any of our members would like further information regarding change of use of HMOs, please contact the SWLA Office.
IMPORTANT REMINDER; the government’s Abolition of Section 21 consultation closes on Saturday 12th October 2019. Carry out the online consultation survey if you want your view to be heard.