A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
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.
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