New Electrical Safety Regulations For Private Landlords

From today (25 October 2019) Sections 122 and 123 of the Housing and Planning Act 2016 (HPA 2016) will be brought into force. These sections apply to private landlords of residential premises in England.

Under section 122, the Secretary of State may make regulations ensuring electrical safety standards are met by private landlords while premises are in occupation. The standards relate to electricity supply installations and electrical fixtures, fittings or appliances provided by the landlord. The duties imposed include ensuring a qualified person has checked that the standards are met.

The landlord could be required to arrange electrical safety checks. The regulations provide the detail of how, when and by whom the checks should be carried out. The landlord may also have a duty to obtain an electrical safety certificate and provide this to the tenant or prospective tenants.

Section 123 deals with the enforcement of the electrical safety standards. The regulations may:

  • Provide for covenants to be implied into a tenancy.
  • Require a landlord who fails to comply to pay a financial penalty.
  • Give local housing authorities the power to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply.

About the author

Damini Sharma is a trainee solicitor in our Commercial Department.

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