The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020: What you need to know.
You’ve probably heard about the new electrical safety standard regulations that are coming into force on the 1st of July. More legislation brings a new set of challenges for you as a landlord and I am sure you will be thinking ‘What now!’. But please don’t panic – I am here to help you.
Lots of landlords are coming to me asking if these regulations something to worry about.
The simple answer is, yes.
However, I’m here to help you comply with these regulations as painlessly as possible. Here’s what you need to know about the law and how it will affect you.
Why was the law changed?
The government ultimately changed the law to protect private tenants. We’ve all heard the horror stories of potentially lethal electrical works in neglected properties. As a result, the government decided to bring in regulations to keep tenants safe.
This can also serve to protect you should a rogue tenant damage or otherwise interfere with your property. Because, by following a formal structure you can prove that your property was electrically safe at the time of inspection.
How does this affect me?
The regulations affect every rented property in the private sector. This includes Houses in Multiple Occupation (HMOs) where the 2020 regulations will supersede the existing HMO regulations. It naturally follows that the new electrical safety standards will have an effect on how you manage your property.
Every ‘electrical installation’ has to be tested. Electrical installations are any fixed component of the electrical circuit. This includes things like the wiring, wall sockets and distribution boards but not appliances or anything that can be moved around.
Here’s a breakdown of the main thrust of the regulations:
Electrical Safety Test
New Tenancies- From the 1st July 2020 every new private tenancy in England will have to have each electrical installation inspected and tested by a qualified professional. These tests must take place before the tenancy begins. After the initial tests, every electrical installation will need re-testing by a qualified professional every five years or more often if the report requires it.
Existing Tenancies- If you have an existing tenancy you have a little more breathing room. Electrical safety tests of every installation must be completed by the 1st April 2021
Electrical Safety Report
Once the tests are complete you need to collect a report from the tester. This report has to contain the results of the test and the date of the next inspection. You’re required to do three things with this report:
1. Supply a copy to every tenant within 28 days of the test
2. Give a copy to the local authority within 7 days of them asking for it
3. Keep a copy to give to the person who undertakes the next inspection
You have a couple of extra responsibilities for new tenancies. Firstly, you have to make sure each tenant gets a copy of the report before they move in. Also, should a prospective tenant ask to see the report you have to send them a copy.
What if they find defects?
If there’s a problem with the electrics in your property it’s your responsibility to investigate and repair it. Like the tests themselves, these investigations and repairs have to be performed by a qualified person. This has to be done within 28 days or less if the report indicates a more urgent need for work.
Once the work has been carried out you’ll need to make sure you get written confirmation that the work has been done and that the standards are met. If the standards aren’t met, you’ll still need written confirmation that the works are complete. However, the report will also have to detail what works need to be done to bring your property to the standards.
Whether the standards are met or not, the report has to be sent to each tenant and to the local authority within 28 days.
If the standards are not met the process needs repeating (including sending every report to the tenants and Local Authority) until the property is compliant.
What happens if I don’t comply?
The government are serious about cracking down on unsafe properties. Worst case scenario, if you’re found in breach of the regulations you can be fined up to £30,000.
However, if the Local Authority doesn’t deem the works ‘urgent’ they’ll serve you with a remedial notice. You’ll have 28 days to complete the works it details or 21 days to dispute it. If you do choose to dispute the notice the Local Authority will have 7 days to decide if they agree with your position. If they don’t you’ll then have 21 days to complete the works.
Whether the works are urgent or not, the Local Authority has the power to enter your property to do what needs to be done to make your property compliant with the regulations. If it comes to this, they have the authority to recover any associated costs from you.
What if my tenants refuse entry for works to be carried out?
If you’re struggling with a difficult tenant these regulations needn’t be an extra headache. If the tenants refuse access to the property for inspection or remedial works, you won’t be held responsible for breaching the regulations.
Will my property be compliant?
I can’t say for certain because I’m not an electrician! However it follows that, as these regulations are new and stricter than those they replace it’s probable your property will require some work.
Therefore, it’s in your interest to be prepared. Even though concerns have been raised by industry bodies about the legislation, significant change is unlikely at this late stage.
It’s important to stress that if your property doesn’t comply with the regulations, it doesn’t mean you’re a bad landlord renting out a frightfully unsafe property. The regulations are stringent and a big step up from the past. These regulations are here to protect you as the landlord too and to help you provide a professional service to your tenants.
What non-compliance does mean is that a qualified electrician’s input will be needed to bring it to the new standard. As a result, it’s important you act on any issues as soon as possible.
What do I need to do to comply?
You’re going to need a qualified electrician to inspect your property and remedy any defects. The electrician must be properly qualified, so you can’t do it yourself (unless you’re a properly qualified electrician…).
They’ll be able to inspect the property and produce the reports. It’s then up to you to deliver them to the tenants and local authority in accordance with the regulations.
Also as these regulations affect every privately rented property in England, you probably won’t be surprised to hear that there might not be enough qualified electricians to do the work before they come into force. Therefore, you’d be wise to instruct a qualified electrician sooner rather than later.
The thought of managing all of this is giving me a headache…
An avalanche of legislation has hit landlords over the last few years and I don’t blame you if you’re feeling overwhelmed. With this latest suite of changes comes a huge amount to be done and not a lot of time to do it. Between finding an electrician, managing reports, instructing work and keeping all parities informed there’s an awful lot to manage.
If that sounds like too much to handle on your own, I can help. I’ve got the contacts and the admin facilities to make sure your electrical inspections get completed on time. If there’s work that needs to be done to bring your property up to standard, I can arrange for that to be completed as well. Finally, if you leave the management to me I’ll make sure that your property is inspected on time, every time. You can rest easy knowing that your property will be inspected by a professional now and in the future, in full compliance with the regulation.
Honestly, this isn’t something you want to handle yourself. If you’d like my help give me a call or drop me an email and we’ll discuss your situation.
What next?
Time is short and if you haven’t already you need to think about taking action. You have a few options and I’m here to talk them through with you. So if you’d like to know a bit more about the new electrical regulations and how they’ll affect you specifically, give me a call on 01425 610016 or send an email to edward@harrisonestateagents.com.