Government Discuss Mandatory 5-Year Electrical Checks
The government has proposed legislation that will enforce mandatory 5-year electrical safety checks in the private rented sector from July of this year.
The current draft of the proposed Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 means that all landlords of new private tenancies in England will need to ensure electrical installations are inspected and tested by a qualified electrician before the tenancy beings.
This will then need to be inspected again at least every 5 years – or more often if an inspection deems it necessary. For existing tenancies, tests will need to be conducted before April 2021, and then every 5 years.
The landlord’s new responsibilities
If the electrical safety report identifies a problem, the landlord must investigate the issue further or exact a repair within 28 days of the original inspection, or sooner if the report so stipulates. Once the problem is remedied or further investigations are completed, the landlord must ensure they receive written confirmation that the electrical safety standards are met, or that further work is required.
They then need to share this with each tenant living at the property and the local authority within 28 days of the work being carried out, as well as the original report. This process will need to be repeated until the electoral installation is deemed to be compliant.
Severe penalties if landlords fail to comply
This new legislation will apply to all privately rented properties, including houses of multiple occupancy (HMOs) where it will replace the existing laws for electricals installation testing and inspection. Arrangements where tenants live with their landlord as lodgers, or they share amenities with them, are exempt from this new rule.
Failure to adhere to these new rules can result in severe financial penalties. If a local authority finds a landlord in breach of the new legislation, they can impose a fine of up to £30,000, and those found with multiple breaches can be fined multiple times.
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