Electrical Safety Legislation
Are you ready for the new Electrical Safety Legislation?
The legislation comes into force on the 1st June to take effect from the 1st July 2020 for the following tenancies:
Brand new tenancies
Tenancies that become statutory periodic
On the 1st April 2021 it will apply to all tenancies in existence. If you have a tenancy which is currently periodic and is not renewed, then you are not obliged to do a report until the 1st April 2021 at the latest.
Types of Tenancy
It will cover AST’s and Rent Act tenancies. It will not cover company lets.
What to do
Ensure that the electrical safety standards (18th edition) are met during a period when the residential premises are occupied under a tenancy.
Ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person ( every five years, unless a report from an inspection and test specifies sooner)
Ensure the first inspection and testing is carried out before a new tenancy commences.
Ensure the first inspection is carried out by 1st April 2021 for existing tenancies
New Reports and those conducted after the 1st January 2019 - will be to the 18th Edition standard.
Current Reports done prior to the 1st Jan 2019 – if you have a report which is still valid, you will need to get confirmation from the engineer to state that report is still safe and complies with the obligations of the 18th Edition.
After the inspection
After the inspection and testing is carried out, landlords must:
Get a report from the qualified electrician carrying out the inspection and test, which includes the results of the inspection and test and the date of the next one.
You must give a copy of the report to the tenant before move in and within 28 days of a renewal report being obtained.
You have 28 days to provide a copy of the report to any prospective tenant.
Supply a copy of the report to the local housing authority within 7 days of receiving a request from the authority.
The Codes/Remedial Works
Those reports which show either C1, C2 or Further Investigation (FI) must be rectified within 28 days (or shorter if noted) of the initial report being conducted.
Code C3 is only recommendations, so no need to remedy.
You must obtain confirmation of the remedial works having been conducted and provide the original report and confirmation of the remedial works having been completed to both the tenant and local council within 28 days.
Non-compliance is normally in the form of a financial penalty and will be issued by the local authority.
You will be unable to serve a section 21 notice until you have provided such reports to the tenant.
If the local authority has concluded, beyond reasonable doubt, that a private landlord has breached their duties under the regulations, they may issue a notice of intent to impose a financial penalty. This penalty is determined by the local authority but cannot exceed the amount of £30,000.
Should your tenant or anyone living at the property suffer loss of life as a result of faulty electrics then a potential manslaughter charge could be passed down to the landlord.
If the local authority believe a landlord to be in breach of the duties set out by the regulations, they must serve a remedial notice to the landlord who must then carry out the action recommended.