PART 5Housing, estate agents and rentcharges: other changes
Electrical safety standards
I1123Electrical safety standards: enforcement
1
Regulations under section 122 may provide for covenants to be implied into a tenancy.
2
Regulations under that section—
a
may make provision about the enforcement of a duty imposed by the regulations;
b
may confer functions on a local housing authority in England.
3
The provision that may be made about enforcement includes provision—
a
requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);
b
conferring power on a local housing authority 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 with a duty imposed by the regulations.
4
The provision that may be made in reliance on subsection (3)(a) includes provision—
a
about the procedure to be followed in imposing penalties;
b
about the amount of penalties;
c
conferring rights of appeal against penalties;
d
for the enforcement of penalties;
e
about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).
5
The provision that may be made in reliance on subsection (3)(b) includes provision—
a
about procedural matters;
b
enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;
c
about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).
6
In this section “local housing authority” has the meaning given by section 1 of the Housing Act 1985.