Landlords; Electrical Safety – Updates and Reminders

Posted on January 14th, 2021

The Electrical Safety Standards in the Private Rented
Sector (England) Regulations 2020

These Regulations apply in England to –

• all new specified tenancies from 1st July 2020; and
• all existing specified tenancies from 1st April 2021.

**note, if a pre 01 July 2020 tenancy rolls onto a statutory periodic tenancy after 01 July 2020, the Regulations will apply**

Here are a few frequently asked questions & answers from NICEIC & ELECSA;

HAS COVID-19 PROMPTED A CHANGE TO THE PRS LEGISLATION?

No, It is important to note that PRS legislation and timings have not changed. Full details on the regulations, including information relating to the steps landlords, can take if they cannot find an inspector or if they are unable to gain access to a property in normal circumstances can be viewed here; Guide for landlords: electrical safety standards in the private rented sector – GOV.UK (www.gov.uk)

WHAT ACTION WILL BE TAKEN IF LANDLORDS AND INSPECTORS ARE UNABLE TO COMPLY DUE TO COVID-19 ACCESS ISSUES?

While the regulation and the schedule hasn’t changed, MHCLG issued COVID-19 specific guidance for landlord, tenants and local authorities. Encouraging local authorities to take a pragmatic, risk-based and common-sense approach to enforcement during COVID-19 the advice outlines reasonable steps landlords should take in the interim period.

A topline summary of this updated guidance and how it relates to PRS electrical safety checks is shown below:
• A landlord is not in breach of their duty to comply with a remedial notice if they can show they have taken all reasonable steps to comply.
• A landlord could show reasonable steps by keeping copies of all communications they have had with tenants and electricians as they attempt to make arrangements to carry out the work, including any replies
• Landlords may also wish to provide other evidence which shows the electrical installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous condition reports.
• A landlord who has been prevented from accessing the premises will not be required to begin legal proceedings against their tenant to show that all reasonable steps have been taken to comply with their duties.

What do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require?

Landlords of privately rented accommodation must:

• Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671.
• Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 years.
• Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test.
• Supply a copy of this report to the existing tenant within 28 days of the inspection and test.
• Supply a copy of this report to a new tenant before they occupy the premises.
• Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report.
• Supply the local authority with a copy of this report within 7 days of receiving a request for a copy.
• Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
• Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
• Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works.

MORE INFORMATION

To view the full COVID-19 and renting: guidance for landlords, tenants and local authorities document, please see; Guidance for landlords and tenants – GOV.UK (www.gov.uk)

Please see the SWLA trade listing for local electricians; https://www.landlordssouthwest.co.uk/tradelistings/electricians-pat-electrical-services/

Or search the following;

• https://www.electricalcompetentperson.co.uk/
• https://search.napit.org.uk/

Information from gov.uk and NICEIC & ELECSA (electrical governing bodies)