A Clearer View

Lisa Simon, Partner and Head of Residential Division, offers a practical view on residential letting issues currently in the news.

Electrical Safety Standards Regulations: planned implementation from 1 April 2021

Landlords in England are reminded that time is running out before the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which came into force on June 1 2020, apply to all existing tenancies from 1 April 2021.  

Included are assured shorthold tenancies, HMOs and licences to occupy; exceptions are social housing, lodgers, those on a long lease of seven years or more, student halls of residence, hostels and refuges, care homes, hospitals and hospices, and other accommodation relating to healthcare provisions.

New requirements
As of 1 April, therefore, landlords are required to ensure that the Electrical Safety Standards are met during any period that a property is occupied as described above. A report must be produced following the electrical inspection and a test carried out by a ‘qualified person’ before the granting of a tenancy. A new report is required every five years unless the existing report states a shorter interval. 

If the report identifies a breach, further investigations must be carried out within 28 days of the inspection, or within a shorter period if specified. Landlords should obtain written confirmation of completion of the remedial works and within 28 days provide this to both the tenant and to the local authority.

In the case of a breach, local authorities may levy civil penalties of up to £30,000. 

Request for delay
ARLA Propertymark and others called for a delay to the implementation due to the coronavirus pandemic and difficulties in accessing tenanted properties. In a response, the housing minister Chris Pincher has suggested that local authorities take a ‘common-sense approach’ to enforcement. 

While we await any further news of a possible delay or relaxation, it is recommended that at the very least, landlords and agents ensure they document details of phone calls, refused access, planned checks and scheduled remedial work, and continue on the basis that the new rules will come into effect on 1 April. 

The Government guidance is available here.

Guide to Let-To-Buy Mortgages

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