During the Covid-19 pandemic, much of the focus has been on shoring up existing delivery and, where possible, extending arrangements if it is not possible to re-procure.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to all new specified tenancies, save for a few exceptions, (see list below) from 1 July 2020 and all existing tenancies from 1 April 2021. This aim is to ensure that private landlords are consistently keeping their properties in line with the electrical safety standards in the 2018 edition of the IET wiring regulations.
The Requirement on private landlords will be to ensure that an electrical safety check is carried out before the commencement of a tenancy and every five years thereafter. For all existing tenancies, a safety check must be conducted by 1 April 2021.
Once a qualified person has conducted the safety check, an official report must be produced and sent to the tenant within 28 days of the inspection. If any remedial work is required by the landlord, they must do this within 28 days of the inspection (or earlier if the report specifies) and there must be a written confirmation that states the work has been carried out. The report must also state the results of the inspection and the date of the next inspection. Other parties entitled to a copy of the report include the incoming tenant, prospective tenants if requested and local authorities (must be supplied within seven days to the local authority if requested).
The Regulations have also given local authorities powers of enforcement by being able to order a landlord to carry out remedial action or urgent remedial action. The landlord could face up to £30,000 as a penalty if they breach an order made by a local authority in this respect and if they fail to provide an electrical safety certificate.
Will the Regulations affect you?
The regulations as drafted apply to any tenancy of residential premises that grants one or more persons the right to occupy all or part of the premises as their only or main residence and that provides for payment of rent.
As wide as this application seems to be, there are actually a significant amount of tenancies excluded from the regulations.
- private registered providers of social housing
- tenant sharing accommodation with the landlord’s family
- long leases
- student halls of residence
- hostels and refuges
- cares homes
- hospitals and hospices, and other NHS provided accommodation.
PLEASE NOTE: Registered providers should note that whilst they are excluded from the Regulations, this is specifically in relation to social housing occupancy agreements, the Regulations will apply to any Market Rent occupancy agreements or arrangements that you may have.
If you have any queries please contact Baljit Basra.
The Prime Minister announced on Tuesday 22 September a new range of restrictions to protect us from the Covid crisis, some of which will apply to charities.
Following the end of the possession stay on 21 September, Helen Tucker & Rebecca Sembuuze from our housing litigation team discuss the most recent guidance, priority cases and what to expect in court.
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.