Electrical Testing – New Legislation

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to new tenancies from 1st July 2020 and to existing tenancies from 1st April 2021. The new regulations require landlords to ensure that all electrical installations in their rental properties are inspected and tested by a qualified person every five years. Reports of each inspection to be supplied to all tenants of the property within 28 days of the inspection, and retained by the landlord until the next inspection takes place. Breaches of the regulations could result in financial penalties of up to £30,000.

Inspections and tests

Under the regulations, landlords need to ensure that:

  • Electrical safety standards are met during any period when the residential premises are occupied by a specified tenancy.
  • Every electrical installation in the residential premises is inspected and tested by a qualified person at regular intervals of at least every five years, or more often if specified in an inspection report.
  • The first inspection and testing is carried out either before a tenancy starts for new tenancies or by 1st April 2021 for existing tenancies. Distribution and retention of reports Following inspection and testing, landlords will be required to:
  • Obtain a report from the person who conducted the inspection and test, which gives the results and the date of the next inspection and test.
  • Supply a copy of the report to each existing tenant of the property within 28 days of the inspection and test.
  • Supply a copy of the most recent report to any new tenant to which the report will apply before the tenant moves in and any prospective tenant within 28 days of receiving a written request for it.
  • Supply a copy of the report to the local housing authority within 7 days of receiving a written request for it.
  • Keep a copy of the report until the next inspection and test is due and give a copy of it to the person who is carrying out the next inspection and test. Investigative or remedial work If, after an inspection and test, the report requires further investigative or remedial work to be carried out, the landlord must:
  • Ensure that further investigative or remedial work is carried out by a qualified person within 28 days, or the period specified in the report if it’s less than 28 days.
  • Obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and whether the electrical safety standards have been met or if further investigative or remedial work is required.
  • Supply that written confirmation, together with a copy of the original report which required the further investigative or remedial work, to each existing tenant of the property within 28 days of the further investigative or remedial work being completed.
  • Supply that written confirmation, together with a copy of the report which required the further investigative or remedial work, to the local housing authority within 28 days of completion of the further investigative or remedial work.

This article is intended as a guide only - it is not exhaustive and should not be considered legal advice. For more information , please refer to the draft legislation at legislation.gov.uk or contact our Lettings Team on 020 8566 3333 or email simon@colinbibra.com / johnbishop@colinbibra.com

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