The Electrical Safety Standards in the Private Rented
Sector (England) Regulations 2020
These Regulations apply in England to –
**note, if a pre 01 July 2020 tenancy rolls onto a statutory periodic tenancy after 01 July 2020, the Regulations will apply**
Here are a few frequently asked questions & answers from NICEIC & ELECSA;
HAS COVID-19 PROMPTED A CHANGE TO THE PRS LEGISLATION?
No, It is important to note that PRS legislation and timings have not changed. Full details on the regulations, including information relating to the steps landlords, can take if they cannot find an inspector or if they are unable to gain access to a property in normal circumstances can be viewed here; Guide for landlords: electrical safety standards in the private rented sector – GOV.UK (www.gov.uk)
WHAT ACTION WILL BE TAKEN IF LANDLORDS AND INSPECTORS ARE UNABLE TO COMPLY DUE TO COVID-19 ACCESS ISSUES?
While the regulation and the schedule hasn’t changed, MHCLG issued COVID-19 specific guidance for landlord, tenants and local authorities. Encouraging local authorities to take a pragmatic, risk-based and common-sense approach to enforcement during COVID-19 the advice outlines reasonable steps landlords should take in the interim period.
A topline summary of this updated guidance and how it relates to PRS electrical safety checks is shown below:
• A landlord is not in breach of their duty to comply with a remedial notice if they can show they have taken all reasonable steps to comply.
• A landlord could show reasonable steps by keeping copies of all communications they have had with tenants and electricians as they attempt to make arrangements to carry out the work, including any replies
• Landlords may also wish to provide other evidence which shows the electrical installation is in a good condition while they attempt to arrange works. This could include the servicing record and previous condition reports.
• A landlord who has been prevented from accessing the premises will not be required to begin legal proceedings against their tenant to show that all reasonable steps have been taken to comply with their duties.
Landlords of privately rented accommodation must:
To view the full COVID-19 and renting: guidance for landlords, tenants and local authorities document, please see; Guidance for landlords and tenants – GOV.UK (www.gov.uk)
Please see the SWLA trade listing for local electricians; https://www.landlordssouthwest.co.uk/tradelistings/electricians-pat-electrical-services/
Or search the following;
Information from gov.uk and NICEIC & ELECSA (electrical governing bodies)