Update on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
The legislation came into force on the 1st June 2020 to take effect from the 1st July 2020 for the following tenancies:
- Brand new tenancies
- Renewal tenancies
- Tenancies that become statutory periodic
On the 1st April 2021 it will apply to all tenancies in existence. If you have a tenancy which is currently periodic and is not renewed, then you are not obliged to do a report until the 1st April 2021 at the latest. It is reassuring to see the Government understands the difference between contractual and statutory periodic tenancies and the benefits of using a contractual periodic which Hazells do for all new tenancies.
Types of Tenancy
It will cover ASTs and Rent Act tenancies. It will not apply to Company lets.
The Codes/Remedial Works
Those reports which show either C1, C2 or Further Investigation (FI) must be rectified within 28 days (or shorter if noted) of the initial report being conducted. Code C3 is only for recommendations, so no need to remedy. You must obtain confirmation that the remedial works have been conducted and provide the original report and confirmation of the remedial works having been completed to both the tenant and local council within 28 days.
A copy of the report to the tenant before move in and within 28 days of a renewal report being obtained is imperative. Also, there are 28 days to provide a copy of the report to any prospective tenant. In terms of the penalty, non-compliance is a financial penalty issued by the local council. It will not be possible to serve a section 21 or 8 Notice until such reports have been provided to the tenant.
Action by Hazells
Through the interim inspection reporting process all landlord clients should have been notified of the requirement to have an EICR in place by 1st April at the latest. All lettings since 1st July 2020 have had an EICR and we are now, in addition to new lets, working our way through those properties we manage using the services of three electricians all of whom work to approximately the same fee structure (ie £150 plus VAT for up to three bed properties and a reasonable on-cost for 4 beds and over).
We aim to have completed this exercise by mid-March.
The Regulations in their entirety can be found using the link:
For any specific queries on these Regulations Andrew and Chris will do their best to advise so please contact them on 01284-702626 or firstname.lastname@example.org