New duties for private residential landlords

New legislation

Private landlords must comply with a raft of legislation and on 1 June 2020 the new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Regulations) came into force.

They apply only to privately rented residential properties in England; not to any commercially rented buildings or private residential rentals elsewhere in the UK.

Starting and existing

Initially, the Regulations apply to all “new specified tenancies” that were granted on or after 1 June 2020 . On 1 April 2021 this will be extended to cover “existing specified tenancies” that were granted before 1 June 2020 , so they will be fully retrospective.

A “specified tenancy” is one that grants one or more persons the right to occupy all or part of residential premises as their only main residence; provides for payment of rent; and is not an excluded tenancy, e.g. social housing.

Fresh duties

The Regulations place various duties on private landlords in England, which include ensuring that:

• where a tenancy begins on or after 1 June 2020 that a first electrical inspection and testing is carried out before the tenancy commences
• where a tenancy began prior to 1 June 2020 that an electrical inspection and testing is carried out before 1 April 2021
• the electrical safety standards in the private rental property meet the current standards for electrical installations throughout the time the premises are occupied under the tenancy
• a written report is obtained which gives the results of the electrical inspection test - this must be supplied to each tenant within 28 days; in the meantime, they must be given a copy of the previous report obtained
• any investigative or remedial work identified in the report is carried out within 28 days (or within any lesser time specified in the report)
• every fixed electrical installation is inspected and tested at least every five years by a suitably qualified person.

Note. Any prospective tenants for a private rental property have the right to request a copy of the last electrical report obtained - this must be supplied to them within 28 days.

Enforcement action

To ensure compliance, the local housing authority (LHA) can request a copy of the electrical report from the landlord. Where this happens, it must be supplied within seven days.

If the LHA believes that the private landlord is in breach of their duties, it has the power to arrange remedial action and make the landlord meet the cost of that action.

Risk. The LHA also has the power to impose a financial penalty up to £30,000 per failure.

Tip. If a breach of the Regulations has occurred because of a difficult tenant, e.g. they will not allow access to the property, this is a potential defence to LHA enforcement action. However, the tenant must be genuinely obstructive, not a little awkward or difficult to contact.