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Here is some key information regarding the new Electrical Safety Regulations:

  1. The new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020.
  2. They will apply to all existing tenancies from 1 April 2021 but for new tenancies they will apply from 1 July 2020.
  3. An electrical test has to be carried out to ensure that all electrical installations in the property meet the current safety standards.
  4. The regulations do not apply to long leases, registered providers of social housing or to tenancies where accommodation is shared with the landlord or a member of the landlord’s family but do apply to HMOs.
  5. If you have an existing tenancy, the first test must have been carried out by 1 April 2021 and if you have a new tenancy, the test must be carried out before the new tenancy commences.
  6. The tenant should be provided with a copy of the electrical report when it has been carried out within 28 days and a copy must be given to the local housing authority within seven days if they request one, the process must be repeated every five years.
  7. If the report requires further investigative or remedial work, this must be carried out within 28 days (or less if the report requires it to be less). Written confirmation from a qualified person that the investigative or remedial work has been carried out must be obtained and must be supplied to the tenant along with the original report within 28 days from the work being carried out.
  8. In addition, the local housing authority must be sent a copy of the original report and the written confirmation within 28 days even if no request has been made.
  9. If a landlord does not have an electrical test or they do but they do not carry out any necessary works required to meet current safety standards, the local housing authority can serve a remedial notice. If such notice is then ignored, the local housing authority can carry out the works itself and then recoup the costs from the landlord. A landlord in default can be charged a fine of up to £30,000.
  10. There is no prohibition on issuing a s21 notice if you do not carry out such testing or provide the tenant with a copy of the report.

For further information please contact Simon Painter or Aoife Murphy in BDB Pitmans’ property litigation team.

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