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Statutory Instruments

2020 No. 312

Housing, England

The Electrical Safety Standards in the Private Rented Sector [F1and Social Rented Sector] (England) Regulations 2020

Made

18th March 2020

Coming into force

1st June 2020

The Secretary of State, in exercise of the powers conferred by sections 122 and 123 of the Housing and Planning Act 2016(1) and section 234 of, and paragraph 3 of Schedule 4 to, the Housing Act 2004(2) makes the following Regulations.

In accordance with section 214(2) of the Housing and Planning Act 2016 and section 250(4) and (6) of the Housing Act 2004, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

PART 1E+WIntroduction

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Electrical Safety Standards in the Private Rented Sector [F2and Social Rented Sector] (England) Regulations 2020.

(2) These Regulations come into force on 1st June 2020.

[F3(3) These Regulations apply in England only to—

(a)all new specified tenancies from 1st July 2020; and

(b)all existing specified tenancies from 1st April 2021.]

[F3(3) These Regulations apply in England only in relation to specified tenancies.]

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.6.2020, see reg. 1(2)

InterpretationE+W

2.  In these Regulations—

“authorised person” means a person authorised in writing by the local housing authority(3) for the purpose of taking remedial action under regulations 6 and 10;

[F4“electrical equipment” means those electrical fixtures, fittings and appliances that are not electrical installations;]

“electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010(4);

“electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018(5);

[F5“existing specified tenancy” means a specified tenancy which was granted before the coming into force of these Regulations;]

[F6“new specified tenancy” means a specified tenancy which is granted on or after the coming into force of these Regulations;]

[F7“qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards;]

[F8“prospective tenant” means, in relation to a specified tenancy, a person—

(a)

who requests, from a prospective landlord, any information about the residential premises that would be demised under the tenancy for the purpose of deciding whether to rent those premises;

(b)

who makes a request to view those premises for the purpose of deciding whether to rent those premises;

(c)

who makes an offer, whether oral or written, to rent those premises; or

(d)

to whom a registered provider makes an offer, whether oral or written, to let those premises;]

[F8“registered provider” means a registered provider of social housing;]

[F8“relevant equipment” means—

(a)

where a registered provider grants a specified tenancy, electrical equipment provided by the registered provider under the tenancy; or

(b)

where a registered provider intends to grant a specified tenancy, electrical equipment that would be provided by the registered provider under the tenancy if the tenancy were granted;]

“remedial notice” means a notice served under regulation 4(1) of these Regulations;

“specified tenancy” means a tenancy(6) of residential premises in England which—

(a)

grants one or more persons the right to occupy all or part of the premises as their only or main residence;

(b)

provides for payment of rent (whether or not a market rent); and

(c)

is not a tenancy of a description specified in Schedule 1 to these Regulations;

“urgent remedial action” means such action identified in a report under regulation 3(3) as is immediately necessary in order to remove the danger present and risk of injury.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.6.2020, see reg. 1(2)

PART 2E+W[F9Duties of private landlords ][F9Duties of landlords in relation to electrical installations etc.]

Textual Amendments

[F10Duties of private landlords in relation to electrical installations] [F10Duties of landlords in relation to electrical installations etc.]E+W

3.—(1) A [F11private landlord](7) [F11landlord] who grants or intends to grant a specified tenancy must—

(a)ensure that the electrical safety standards are met during any period when the residential premises(8) are occupied under a specified tenancy;

(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and

[F12(c)ensure every electrical installation in the residential premises is inspected and tested by a qualified person before the specified tenancy commences.]

[F12(c)ensure the first inspection and testing is carried out—

(i)before the tenancy commences in relation to a new specified tenancy; or

(ii)by 1st April 2021 in relation to an existing specified tenancy.]

(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—

(a)at intervals of no more than 5 years; or

(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing [F13to be at intervals of less than 5 years, at the intervals specified in that report.] [F13to take place by an earlier date, no later than that date.]

[F14(2A) A landlord is not to be taken to be in breach of a duty under paragraph (1) if the landlord can show they have taken all reasonable steps to comply with that duty.

(2B) For the purposes of paragraph (2A), where a landlord, or a person acting on behalf of a landlord, is prevented from entering the residential premises to which the duty under paragraph (1) relates by a tenant of those premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with that duty solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.]

(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a [F11private landlord] [F11landlord] must—

(a)obtain a report from the person conducting that inspection and test, which [F15gives the results of the inspection and test and the date of the next inspection and test;] [F15—

(i)gives the results of the inspection and test and the date by which the next inspection and test is required; and

(ii)where the landlord is a registered provider that provides relevant equipment in the residential premises to which the report relates, states whether the checking required by regulation 3B(1) is up to date for each item of such equipment that has been identified in information supplied under regulation 3D;]

(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;

(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;

[F16(ca)retain a copy of that report until the later of—

(i)the date by which the next inspection and test is required under sub-paragraph (1); and

(ii)the date on which the next inspection and test is conducted,

unless it is superseded by a more recent report under sub-paragraph (3)(a);]

[F17(d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and]

[F17(d)supply a copy of that report to the person carrying out the next inspection and test under paragraph (1); and]

(e)supply a copy of the most recent report to—

(i)any new tenant [F18of the specified tenancy] [F18under a specified tenancy of premises] to which the report relates before that tenant occupies those premises; and

(ii)any prospective tenant [F19under a specified tenancy of premises to which the report relates] within 28 days of receiving a request in writing for it from that prospective tenant.

(4) Where a report under sub-paragraph (3)(a) indicates that a [F11private landlord] [F11landlord] is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the [F11private landlord] [F11landlord] to undertake further investigative or remedial work, the [F11private landlord] [F11landlord] must ensure that further investigative or remedial work is carried out by a qualified person within—

(a)28 days; or

(b)the period specified in the report if less than 28 days,

starting with the date of the inspection and testing.

(5) Where paragraph (4) applies, a [F11private landlord] [F11landlord] must—

(a)obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that—

(i)the electrical safety standards are met; or

(ii)further investigative or remedial work is required;

(b)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to each existing tenant of the residential premises within 28 days of completion of the further investigative or remedial work; and

(c)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to the local housing authority within 28 days of completion of the further investigative or remedial work.

(6) Where further investigative work is carried out in accordance with paragraph (4) and the outcome of that further investigative work is that further investigative or remedial work is required, the [F11private landlord] [F11landlord] must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.

[F20(6A) Paragraphs (2A) and (2B) apply in relation to a duty under paragraph (4) and (6) as they apply in relation to a duty under paragraph (1).]

[F21(7) For the purposes of sub-paragraph (3)(e)(ii) a person is a prospective tenant in relation to residential premises if that person—

(a)requests any information about the premises from the prospective landlord for the purpose of deciding whether to rent those premises;

(b)makes a request to view the premises for the purpose of deciding whether to rent those premises; or

(c)makes an offer, whether oral or written, to rent those premises.]

[F22(8) In this regulation—

“qualified person” means a person competent to undertake the inspection and testing required under paragraph (1) and any further investigative or remedial work in accordance with the electrical safety standards;

“up to date” means, in relation to the checking of an item of relevant equipment, that the date given in the most recent ISIT record (within the meaning of regulation 3A(2)) for the item of relevant equipment as the date by which the next inspection and test must take place has not passed.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 1.6.2020, see reg. 1(2)

[F23PART 2AE+WDuties of registered providers in relation to electrical equipment

Textual Amendments

Application and interpretation of this PartE+W

3A.—(1) This Part applies to a registered provider that grants, or intends to grant, a specified tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008under which electrical equipment is provided, or would be provided if the tenancy were granted.

(2) In this Part—

“check” means, in relation to an item of electrical equipment, such visual inspection or testing (or both) of that equipment as the qualified person conducting the check considers necessary to determine whether or not that equipment is safe for continued use;

“ISIT record” means a record under regulation 3C(1) or (4);

“qualified person” means a person competent to undertake the checking required under regulation 3B(1) and any remedial work required under regulation 3C(2)(b);

“safe for continued use” means, in relation to an item of electrical equipment, that—

(a)

it is of such construction as to prevent, so far as is reasonably practicable, risk of death, personal injury or other harm from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion initiated by electrical energy;

(b)

it is maintained so as to prevent, so far as is reasonably practicable, such risk; and

(c)

it is not provided for use in applications for which it is unsuitable.

Duties of registered providers for safety and checking of electrical equipmentE+W

3B.—(1) A registered provider must ensure that—

(a)relevant equipment is safe for continued use during any period in which the residential premises in which it is provided are occupied under a specified tenancy;

(b)each item of relevant equipment provided in residential premises occupied under a specified tenancy is checked at regular intervals by a qualified person; and

(c)before a specified tenancy commences, each item of relevant equipment provided in the residential premises that will be occupied under the tenancy is checked by a qualified person.

(2) For the purposes of paragraph (1)(b) “at regular intervals” means, in relation to the checking of an item of relevant equipment—

(a)at intervals of no more than 5 years; or

(b)where the most recent ISIT record for that equipment requires the next check to take place by an earlier date, no later than that date.

(3) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (1) as it applies in relation to a duty under regulation 3(1).

Duties of registered providers following a check of electrical equipmentE+W

3C.—(1) Following a check required under regulation 3B(1), the registered provider must obtain a record from the person conducting the check which gives—

(a)the results of the check; and

(b)where the item of relevant equipment is safe for continued use, the date by which the next check is required under regulation 3B(1).

(2) Where the ISIT record indicates that an item of relevant equipment is not safe for continued use—

(a)the registered provider must—

(i)where the check was under regulation 3B(1)(b), immediately inform the tenant of that fact;

(ii)where the check was under regulation 3B(1)(c) and the equipment remains unsafe at the time the tenancy commences, immediately inform the tenant of that fact;

(b)the registered provider must within the required timeframe—

(i)ensure that remedial work that makes the item of relevant equipment safe for continued use is carried out by a qualified person; or

(ii)replace the item of relevant equipment with one that is safe for continued use.

(3) For the purposes of paragraph (2)(b) “within the required timeframe” means—

(a)where the ISIT record was obtained following a check under regulation 3B(1)(b), as soon as reasonably practicable and no later than 28 days after the check takes place; or

(b)where the ISIT record was obtained following a check under regulation 3B(1)(c)—

(i)as soon as reasonably practicable and no later than 28 days after the check takes place, or

(ii)if the premises in which the item of electrical equipment is provided is not occupied under a specified tenancy, before the tenancy commences (if later).

(4) Following remedial work to, or replacement of, an item of relevant equipment under paragraph (2)(b), the registered provider must obtain a record from a qualified person that—

(a)confirms that the item of relevant equipment is safe for continued use; and

(b)gives the date by which the next check is required under regulation 3B(1).

(5) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (2)(b) as it applies in relation to a duty under regulation 3(1).

Supplementary duties of registered providers in relation to ISIT records etc.E+W

3D.  A registered provider must—

(a)retain a copy of an ISIT record for an item of relevant equipment until the later of—

(i)the date by which the next check of that equipment is required under regulation 3B(1); and

(ii)the date on which the next such check is conducted,

unless it is superseded by a more recent ISIT record for that equipment;

(b)supply a copy of the most recent ISIT record for an item of relevant equipment to the person carrying out—

(i)the next check of that equipment under regulation 3B(1); or

(ii)any remedial work to that equipment required under regulation 3C(2)(b)(i);

(c)supply the person carrying out an inspection and test required under regulation 3(1) of electrical installations in residential premises with—

(i)information in writing identifying any relevant equipment provided in the residential premises; and

(ii)where there is relevant equipment provided in the residential premises, a copy of the most recent ISIT record for each item of such equipment;

(d)supply the local housing authority with—

(i)information in writing identifying any relevant equipment provided in residential premises demised under a specified tenancy; and

(ii)where there is relevant equipment provided in the residential premises, a copy of the most recent ISIT record for each item of such equipment,

within 7 days of receiving a request in writing for it from the authority;

(e)supply, to a tenant of a specified tenancy under which relevant equipment is provided, a copy of the most recent ISIT record for each item of relevant equipment provided in the residential premises demised under the tenancy within 28 days of receiving a request in writing for it from the tenant; and

(f)supply a copy of the most recent ISIT record for each item of relevant equipment provided in the residential premises demised, or to be demised, under a specified tenancy to—

(i)any new tenant under that tenancy before that tenant occupies those premises; and

(ii)any prospective tenant under that tenancy within 28 days of receiving a request in writing for it from that prospective tenant.]

PART 3E+WRemedial action

Duty of local housing authority to serve a remedial noticeE+W

4.—[F24(1) Where a local housing authority has reasonable grounds to believe that, in relation to residential premises situated within its area, a [F11private landlord] [F11landlord] is in breach of one or more of the duties under regulation 3(1)(a), (1)(b), (1)(c), (4) and (6), and the most recent report under regulation 3(3) does not indicate that urgent remedial action is required, the authority must serve a remedial notice on the [F11private landlord] [F11landlord].]

[F24(1) A local housing authority must serve a remedial notice on a landlord where it has reasonable grounds to believe that, in relation to residential premises situated within its area—

(a)the landlord is in breach of one or more of the duties under regulation 3(1), (4) and (6) and the most recent report under regulation 3(3) does not indicate that urgent remedial action is required; or

(b)the landlord is in breach of one or more of the duties under regulations 3B(1) and 3C(2).]

(2) A remedial notice must—

(a)specify the premises to which the notice relates;

(b)specify the duty or duties that the local housing authority considers the [F11private landlord] [F11landlord] has failed to comply with;

(c)specify the remedial action the local housing authority considers should be taken;

(d)require the [F11private landlord] [F11landlord] to take that action within 28 days beginning with the day on which the notice is served;

(e)explain that the [F11private landlord] [F11landlord] is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served;

(f)specify the person to whom, and the address (including if appropriate any email address) to which, any representations may be sent; and

(g)explain the effect of regulations 11 and 12, including the maximum financial penalty which a local housing authority may impose.

(3) The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).

(4) The local housing authority must consider any representations made under paragraph (2).

(5) Where a [F11private landlord] [F11landlord] makes written representations the remedial notice is suspended until the local housing authority has complied with paragraphs (4) and (6).

(6) The local housing authority must—

(a)inform the [F11private landlord] [F11landlord] in writing of the outcome of the consideration under paragraph (4) within 7 days beginning with the day on which the period under sub-paragraph (2)(e) expires; and

(b)where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, confirm that notice and inform the [F11private landlord] [F11landlord] in writing that the remedial notice is confirmed and the suspension under paragraph (5) ceases to have effect.

(7) The local housing authority may withdraw the remedial notice at any time.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 1.6.2020, see reg. 1(2)

Duty of [F11private landlord] [F11landlord] to comply with a remedial noticeE+W

5.—(1) Where a remedial notice is served on a [F11private landlord] [F11landlord], the [F11private landlord] [F11landlord] must take the remedial action specified in the notice within—

(a)where no representations are made under regulation 4(2) and the remedial notice is not withdrawn, the period specified in regulation 4(2)(d); or

(b)where representations are made under regulation 4(2) and the outcome of the consideration under regulation 4(4) is to confirm the remedial notice, 21 days from the day on which the [F11private landlord] [F11landlord] is informed that the suspension under regulation 4(5) ceases to have effect.

[F25(2) A [F11private landlord] [F11landlord] is not to be taken to be in breach of the duty under paragraph (1) if the [F11private landlord] [F11landlord] can show they have taken all reasonable steps to comply with that duty.

(3) For the purposes of paragraph (2), where a [F11private landlord] [F11landlord] is prevented from entering the residential premises to which the duty under paragraph (1) relates by the tenant or tenants of those premises, the [F11private landlord] [F11landlord] will not be considered to have failed to have taken all reasonable steps to comply with the duty under paragraph (1) solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.]

[F25(2) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (1) as it applies in relation to a duty under regulation 3(1).]

Textual Amendments

Commencement Information

I5Reg. 5 in force at 1.6.2020, see reg. 1(2)

Power of local housing authority to arrange remedial actionE+W

6.—(1) Where a local housing authority is satisfied, on the balance of probabilities, that a [F11private landlord] [F11landlord] on whom it has served a remedial notice is in breach of the duty under regulation 5(1), the authority may, with the consent of the tenant or tenants of the premises in relation to which the remedial action is to be taken, arrange for an authorised person to enter those premises to take the remedial action specified in the remedial notice.

(2) Before the remedial action is taken the local housing authority must serve a notice on the [F11private landlord] [F11landlord] specifying—

(a)the premises in relation to which the remedial action is to be taken by the authorised person under paragraph (1) and the nature of that remedial action;

(b)the power under which the remedial action is to be taken by the authorised person in paragraph (1);

(c)the date when the remedial action will be taken by the authorised person; and

(d)the right of appeal under regulation 7 against the decision of the authority to arrange for an authorised person to take the remedial action.

(3) The local housing authority must arrange for an authorised person to take the remedial action within 28 days of—

(a)the end of the notice period in regulation 7(3) where there is no appeal; or

(b)an appeal decision that confirms or varies the decision of the local housing authority where there is an appeal.

(4) An authorised person must—

(a)give not less than 48 hours’ notice of the remedial action to the tenant or tenants of the residential premises on which it is to be taken; and

(b)if required to do so by or on behalf of the [F11private landlord] [F11landlord] or tenant or tenants, produce evidence of identity and authority.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 1.6.2020, see reg. 1(2)

Appeals relating to remedial action by local housing authoritiesE+W

7.—(1) A [F11private landlord] [F11landlord] on whom a notice under regulation 6(2) has been served may appeal to the First-tier Tribunal against the decision of the local housing authority to take that action.

(2) An appeal may be brought on the grounds that all reasonable steps had been taken to comply with the remedial notice, or reasonable progress had been made towards compliance with that notice, when the local housing authority gave notice under regulation 6(2).

(3) An appeal under paragraph (1) must be made within the period of 28 days beginning with the day on which the notice is served under regulation 6(2).

(4) The First-tier Tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(5) If a [F11private landlord] [F11landlord] appeals under paragraph (1) the remedial notice is suspended until the appeal is finally determined or withdrawn.

(6) The tribunal may confirm, quash or vary the decision of the authority.

Textual Amendments

Commencement Information

I7Reg. 7 in force at 1.6.2020, see reg. 1(2)

Recovery of costsE+W

8.—(1) The local housing authority may recover costs reasonably incurred by them in taking action—

(a)under regulation 6(1) from the [F11private landlord] [F11landlord] on whom the remedial notice was served; or

(b)under regulation 10(1) from the [F11private landlord] [F11landlord] on whom the notice under regulation 10(3) was served.

(2) A demand for recovery of costs under paragraph (1) must be served on the [F11private landlord] [F11landlord] from whom the local housing authority is seeking recovery.

(3) If no appeal is brought under regulation 9, the costs become payable at the end of the period of 21 days beginning with the day on which the demand is served.

Textual Amendments

Commencement Information

I8Reg. 8 in force at 1.6.2020, see reg. 1(2)

Appeals against recovery of costsE+W

9.—(1) A [F11private landlord] [F11landlord] on whom a demand for the recovery of costs has been served may appeal to the First-tier Tribunal against the demand.

(2) An appeal must be made within the period of 21 days beginning with the day on which the demand is served under regulation 8(2).

(3) The First-tier Tribunal may allow an appeal to be made to it after the end of the period mentioned in sub-paragraph (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(4) An appeal may be brought on the ground that all reasonable steps had been taken to comply with the remedial notice, or reasonable progress had been made towards compliance with that notice, when the local housing authority gave notice under regulation 6(2) of their intention to enter and take the action.

(5) The tribunal may confirm, quash or vary the demand.

(6) Where an appeal is brought against a demand for recovery of costs served under regulation 8(2), the costs become payable as follows—

(a)if a decision is given on the appeal which confirms the demand and the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, the costs becomes payable at the end of that period;

(b)if an appeal to the Upper Tribunal is brought and a decision is given on that appeal which confirms the demand, the costs becomes payable at the time of that decision.

(7) For the purposes of sub-paragraph (6)—

(a)the withdrawal of an appeal has the same effect as a decision which confirms the demand, and

(b)references to a decision which confirms the demand are to a decision which confirms it with or without variation.

(8) No question may be raised on appeal under this regulation which might have been raised on an appeal against the remedial notice.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 1.6.2020, see reg. 1(2)

PART 4E+WUrgent remedial action

Urgent remedial actionE+W

10.—(1) Where—

(a)the report under regulation 3(3)(a) indicates that urgent remedial action is required in relation to the residential premises, and

(b)the local housing authority in whose area the residential premises are situated is satisfied on the balance of probabilities that a [F11private landlord] [F11landlord] is in breach of the duty under regulation 3(4) to undertake the required remedial or investigative work in relation to those residential premises within the period specified in the report,

the authority may, with the consent of the tenant or tenants of those residential premises, arrange for an authorised person to take the urgent remedial action.

(2) Subject to paragraph (5), the power of the local housing authority to arrange remedial action conferred by paragraph (1) may be exercised at any time.

(3) The local housing authority must serve a notice on the [F11private landlord] [F11landlord] and—

(a)every person who to the authority’s knowledge is an occupier of the premises in relation to which the authorised person is taking urgent remedial action; or

(b)fix the notice to some conspicuous part of the premises;

within the period of seven days beginning with the day on which the authorised person commences the urgent remedial work.

(4) The notice required by regulation 10(3) must specify and explain—

(a)the nature of the urgent remedial action required;

(b)the premises in relation to which that urgent remedial action was (or is being or is to be) taken by the authority;

(c)the power under which that urgent remedial action was (or is being or is to be) taken by the authority;

(d)the date when that urgent remedial action was (or is to be) started;

(e)the right to appeal under regulation 7 against the decision of the authority to take the urgent remedial action;

(f)the period within which an appeal may be made; and

(g)the effect of regulations 11 and 12, including the maximum financial penalty which an authority may impose.

(5) An authorised person must—

(a)give not less than 48 hours’ notice of the urgent remedial action to the tenant or tenants of the residential premises on which it is to be taken; and

(b)if required to do so by the [F11private landlord] [F11landlord] or a tenant, produce evidence of identity and authority.

(6) Regulation 7 applies to the taking of urgent remedial action as it applies to the taking of remedial action, save that—

(a)an appeal under regulation 7(2) must (instead of being made in accordance with regulation 7(3)) be made within the period of 28 days beginning with the date specified in the notice, under sub-paragraph (4)(d), as the date when the urgent remedial action was (or was to be) started; and

(b)regulation 7(5) does not apply to urgent remedial action.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 1.6.2020, see reg. 1(2)

PART 5E+WFinancial penalties

Financial penalties for breach of dutiesE+W

11.—(1) Where a local housing authority is satisfied, beyond reasonable doubt, that a [F11private landlord] [F11landlord] has breached a duty under regulation 3 [F26, 3B, 3C or 3D], the authority may impose a financial penalty (or more than one penalty in the event of a continuing failure) in respect of the breach.

(2) A financial penalty—

(a)may be of such amount as the authority imposing it determines; but

(b)must not exceed [F27£30,000] [F27£40,000].

Textual Amendments

Commencement Information

I11Reg. 11 in force at 1.6.2020, see reg. 1(2)

Procedure for and appeals against financial penaltiesE+W

12.  Schedule 2 to these Regulations (procedure for and appeals against financial penalties) has effect.

Commencement Information

I12Reg. 12 in force at 1.6.2020, see reg. 1(2)

[F28PART 5AE+WReview

Textual Amendments

ReviewE+W

12A.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in Parts 2 to 5 of these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st November 2030.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) A report published under this regulation must, in particular—

(a)set out the objectives to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate;

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

PART 6E+WLicences under Parts 2 and 3 of the Housing Act 2004

Amendments to Schedule 4 to the Housing Act 2004E+W

13.  In paragraph 1(3) of Schedule 4 to the Housing Act 2004 (licensing under parts 2 and 3: mandatory conditions) at the end of paragraph (b), insert—

“;

(c)where the house is in England, additionally—

(i)to ensure that every electrical installation in the house is in proper working order and safe for continued use; and

(ii)to supply the authority, on demand, with a declaration by him as to the safety of such installations;

(d)for the purposes of paragraph (c) “electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010.”.

Commencement Information

I13Reg. 13 in force at 1.6.2020, see reg. 1(2)

PART 7E+WDuty of manager to supply and maintain gas and electricity

Amendments to the Management of Houses in Multiple Occupation (England) Regulations 2006E+W

14.  In the Management of Houses in Multiple Occupation (England) Regulations 2006(9), omit regulation 6(3).

Commencement Information

I14Reg. 14 in force at 1.6.2020, see reg. 1(2)

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Luke Hall

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

Regulation 2

SCHEDULE 1E+WExcluded tenancies

Private registered provider of social housingE+W

F291.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Shared accommodation with landlord or landlord’s familyE+W

2.—(1) A tenancy under the terms of which the occupier shares any accommodation with the landlord or a member of the landlord’s family.

(2) For the purposes of this paragraph—

(a)an occupier shares accommodation with another person if the occupier has the use of an amenity in common with that person (whether or not also in common with others);

(b)“amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access;

(c)a person is a member of the same family as another person if—

(i)those persons live as a couple;

(ii)one of them is the relative of the other; or

(iii)one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple;

(d)“couple” means two people who are married to, or civil partners of, each other or who live together as if they are a married couple or civil partners;

(e)“relative” means parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew, niece or cousin;

(f)a relationship of the half-blood is to be treated as a relationship of the whole blood; and

(g)a stepchild of a person is to be treated as that person’s child.

Commencement Information

I15Sch. 1 para. 2 in force at 1.6.2020, see reg. 1(2)

Long leasesE+W

3.—(1) A tenancy that—

(a)is a long lease; or

(b)grants a right of occupation for a term of 7 years or more.

(2) In this paragraph “long lease” means a lease which is a long lease for the purposes of section 7 of the Leasehold Reform, Housing and Urban Development Act 1993(10) or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant’s total share (within the meaning given by that section) were 100 per cent.

(3) A tenancy does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.

Commencement Information

I16Sch. 1 para. 3 in force at 1.6.2020, see reg. 1(2)

Student halls of residenceE+W

4.—(1) A tenancy that grants a right of occupation in a building which—

(a)is used wholly or mainly for the accommodation of students, and

(b)is a hall of residence.

(2) In this paragraph “student” has the same meaning as in an order made under paragraph 4 of Schedule 1 to the Local Government Finance Act 1992(11).

Commencement Information

I17Sch. 1 para. 4 in force at 1.6.2020, see reg. 1(2)

Hostels and refugesE+W

5.—(1) A tenancy that grants a right of occupation in a hostel or refuge.

(2) In this paragraph “hostel” means a building which satisfies the following two conditions.

(3) The first condition is that the building is used for providing to persons generally, or to a class of persons—

(a)residential accommodation otherwise than in separate and self-contained premises; and

(b)board or facilities for the preparation of food adequate to the needs of those persons (or both).

(4) The second condition is that either of the following applies in relation to the building—

(a)it is managed by a private registered provider of social housing;

(b)it is not operated on a commercial basis and its costs of operation are provided whole or in part by a government department or agency, or by a local authority; or

(c)it is managed by a voluntary organisation or charity.

(5) In this paragraph “refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of —

(a)controlling, coercive or threatening behaviour;

(b)physical violence;

(c)abuse of any other description (whether physical or mental in nature); or

(d)threats of any such violence or abuse.

(6) In this paragraph “government department” includes any body or authority exercising statutory functions on behalf of the Crown.

(7) In this paragraph “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.

Commencement Information

I18Sch. 1 para. 5 in force at 1.6.2020, see reg. 1(2)

Care homesE+W

6.—(1) A tenancy that grants a right of occupation in a care home.

(2) In this paragraph “care home” has the meaning given in section 3 of the Care Standards Act 2000(12).

Commencement Information

I19Sch. 1 para. 6 in force at 1.6.2020, see reg. 1(2)

Hospitals and hospicesE+W

7.—(1) A tenancy that grants a right of occupation in a hospital or hospice.

(2) In this paragraph “hospital” has the meaning given in section 275 of the National Health Service Act 2006(13).

(3) In this paragraph “hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons who are suffering from a progressive disease in its final stages.

Commencement Information

I20Sch. 1 para. 7 in force at 1.6.2020, see reg. 1(2)

Other accommodation relating to healthcare provisionE+W

8.—(1) A tenancy—

(a)under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment; and

(b)which is not excluded by another provision of this Schedule.

(2) In this paragraph “relevant NHS body” means—

(a)[F30an integrated care board]; or

(b)[F31NHS England].

(3) In this paragraph “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978(14).

Textual Amendments

Commencement Information

I21Sch. 1 para. 8 in force at 1.6.2020, see reg. 1(2)

[F32Moveable structures, vehicles and vesselsE+W

9.  A tenancy that grants a right of occupation in a moveable structure, vehicle or vessel.]

Textual Amendments

Regulation 12

SCHEDULE 2E+WProcedure for and appeals against financial penalties

Notice of intentE+W

1.—(1) Before imposing a financial penalty on a [F33private landlord] [F33landlord] for a breach of a duty under regulation 3 [F34, 3B, 3C or 3D], a local housing authority must serve a notice on the [F33private landlord] [F33landlord] of its intention to do so (a “notice of intent”).

(2) The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority is satisfied, in accordance with regulation 11, that the [F33private landlord] [F33landlord] is in breach (“the relevant day”), subject to sub-paragraph (3).

(3) If the breach continues beyond the end of the relevant day, the notice of intent may be served—

(a)at any time when the breach is continuing; or

(b)within the period of 6 months beginning with the last day on which the breach occurs.

(4) The notice of intent must set out—

(a)the amount of the proposed financial penalty;

(b)the reasons for proposing to impose the penalty; and

(c)information about the right to make representations under paragraph 2.

Textual Amendments

Commencement Information

I22Sch. 2 para. 1 in force at 1.6.2020, see reg. 1(2)

Right to make representationsE+W

2.  The [F33private landlord] [F33landlord] may, within the period of 28 days beginning with the day after that on which the notice of intent was served, make written representations to the local housing authority about the proposal to impose a financial penalty on the [F33private landlord] [F33landlord].

Textual Amendments

Commencement Information

I23Sch. 2 para. 2 in force at 1.6.2020, see reg. 1(2)

Final noticeE+W

3.—(1) Within 28 days of the end of the period mentioned in paragraph 2 the local housing authority must—

(a)decide whether to impose a financial penalty on the [F33private landlord] [F33landlord]; and

(b)if it decides to do so, decide the amount of the penalty.

(2) If the authority decides to impose a financial penalty on the [F33private landlord] [F33landlord], it must serve a notice on the [F33private landlord] [F33landlord] (a “final notice”) imposing that penalty.

(3) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was served.

(4) The final notice must set out—

(a)the amount of the financial penalty;

(b)the reasons for imposing the penalty;

(c)information about how to pay the penalty;

(d)the period for payment of the penalty;

(e)information about rights of appeal; and

(f)the consequences of failure to comply with the notice.

Textual Amendments

Commencement Information

I24Sch. 2 para. 3 in force at 1.6.2020, see reg. 1(2)

Withdrawal or amendment of noticeE+W

4.—(1) A local housing authority may at any time—

(a)withdraw a notice of intent or final notice; or

(b)reduce the amount specified in the notice of intent or final notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the [F33private landlord] [F33landlord] on whom the notice was served.

Textual Amendments

Commencement Information

I25Sch. 2 para. 4 in force at 1.6.2020, see reg. 1(2)

AppealsE+W

5.—(1) A [F33private landlord] [F33landlord] on whom a final notice is served may appeal to the First-tier Tribunal against—

(a)the decision to impose the penalty; or

(b)the amount of the penalty.

(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was served.

(3) If a [F33private landlord] [F33landlord] appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

(4) An appeal under this paragraph—

(a)is to be a re-hearing of the local housing authority’s decision; but

(b)may be determined having regard to matters of which the authority was unaware when it made that decision.

(5) On an appeal under this paragraph the First-tier Tribunal may confirm, quash or vary the final notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than [F35£30,000] [F35£40,000].

Textual Amendments

Commencement Information

I26Sch. 2 para. 5 in force at 1.6.2020, see reg. 1(2)

Recovery of financial penaltyE+W

6.—(1) This paragraph applies if the [F33private landlord] [F33landlord] does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the [F33private landlord] [F33landlord] is liable to pay.

(2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which—

(a)is signed by the chief finance officer of the local housing authority which imposed the penalty; and

(b)states that the amount due has not been received by a date specified in the certificate

is conclusive evidence that the amount has not been received by that date.

(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed, unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989(15).

Textual Amendments

Commencement Information

I27Sch. 2 para. 6 in force at 1.6.2020, see reg. 1(2)

Proceeds of financial penaltiesE+W

7.—(1) Where a local housing authority imposes a financial penalty under these Regulations, it may apply the proceeds to meet the costs and expenses incurred in, or associated with, carrying out any of its enforcement functions in relation to [F36the private rented sector] [F36rented housing].

(2) Any part of any financial penalty recovered which is not to be applied in accordance with sub-paragraph (1) must be paid into the Consolidated Fund.

(3) In sub-paragraph (1)—

“enforcement function” means, in relation to a local authority—

(a)

any of its functions—

(i)

under these Regulations;

(ii)

under Parts 1 to 4 of the Housing Act 2004; or

(iii)

under Part 2 of the Housing and Planning Act 2016; or

(b)

in a case not covered by paragraph (a), any of its functions—

(i)

connected with an investigation of, or proceedings relating to, a contravention of the law relating to housing or landlords and tenants; or

(ii)

connected with the promotion of compliance with the law relating to housing or landlords and tenants; and

“[F37private rented sector] [F37rented housing]” means—

(a)

residential premises in England that are let, or intended to be let by a [F33private landlord] [F33landlord] under a tenancy;

(b)

the activities of a [F33private landlord] [F33landlord] under a tenancy of residential premises in England.

Textual Amendments

Commencement Information

I28Sch. 2 para. 7 in force at 1.6.2020, see reg. 1(2)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose duties on private landlords of residential premises in England in respect of electrical safety standards. The duties do not apply to landlords of social housing. The Regulations require local housing authorities to enforce the duties, and include a power to arrange remedial action.

Part 1 sets out preliminary matters and defines terms used in the Regulations.

Part 2 sets out the duties of a private landlord.

Regulation 3(1) requires a private landlord to ensure that the electrical safety standards are met during any period when the residential premises are occupied under a tenancy, and that every fixed electrical installation is inspected and tested at least every five years by a qualified person.

Regulation 3(3) provides that a private landlord is required to obtain a report which gives the results of the inspection and test, supply that report to each tenant within 28 days, and to the local housing authority within 7 days of a request, and retain a copy until the next inspection is due. The private landlord must supply a copy of the last report to any new tenant before occupation, or any prospective tenant within 28 days of a request from the prospective tenant.

Regulation 3(4) provides that, where the report requires the private landlord to carry out further investigative or remedial work, the private landlord must undertake such further investigative or remedial work within 28 days or within such lesser time period as specified in the report.

Regulation 3(5) provides that the private landlord must obtain and supply written confirmation of completion of such further investigative or remedial work to the tenant and local housing authority.

Part 3 provides for remedial action (other than urgent remedial action) to remedy any failure by the private landlord to comply with a duty.

Regulation 4 places a duty on a local housing authority to serve a remedial notice on a private landlord where they have reasonable grounds to believe that the private landlord is in breach of a duty under regulation 3(1)(a), (1)(b), (4) or (6).

Regulation 5 requires a private landlord to take the remedial action specified in the remedial notice.

Regulation 6 gives a local housing authority the power to arrange remedial action.

Regulation 7 provides that a private landlord may appeal against the decision of the local housing authority to take that remedial action.

Regulation 8 provides that a local housing authority may recover costs reasonably incurred in taking action under regulations 6(1) and 10(1).

Regulation 9 provides that a private landlord may appeal against a demand for the recovery of costs served under regulation 8(2).

Part 4 provides for urgent remedial action to be taken by a local housing authority.

Regulation 10 gives a local housing authority a power to arrange urgent remedial action, and provides for the service of notice of such action and appeals relating to such action.

Part 5 provides for a local housing authority to impose a financial penalty on a private landlord who has breached a duty under regulation 3. Schedule 2 sets out the procedure to be followed in imposing a financial penalty and the right of appeal to the First-tier Tribunal against a local authority’s decision. The process for bringing an appeal is governed by the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976). Schedule 2 also provides for the recovery of a financial penalty and for the proceeds of financial penalties.

Part 6 amends paragraph 1 of Schedule 4 to the Housing Act 2004. This has the effect of introducing new conditions, in respect of electrical safety standards, which must be included in a licence under Part 2 or 3 of that Act of a house in England.

Part 7 amends the Management of Houses in Multiple Occupation (England) Regulations 2006 (S.I. 2006/372).

A full impact assessment has not been produced for this instrument as the regulatory provision that it makes relates to the safety of tenants, residents and occupants and so falls within an exclusion from the requirement under the Government’s Better Regulation Framework to produce regulatory impact assessments. This exclusion was put in place as part of the Government’s response to the Grenfell tragedy.

(2)

2004 c. 34. The powers conferred by paragraph 3 of Schedule 4 to the Housing Act 2004 are exercisable in England by the Secretary of State. As to the meaning of “appropriate national authority”, see section 261(1).

(3)

See the definition of “local housing authority” in section 123(6) of the Housing and Planning Act 2016.

(4)

S.I. 2010/2214. There are no relevant amendments.

(5)

ISBN-13: 978-1-78561-170-4. Copies can be obtained from the Institution of Engineering and Technology, Michael Faraday House, Six Hill Way, Stevenage SG1 2AY.

(6)

See the definition of “tenancy” in section 122(6) of the Housing and Planning Act 2016.

(7)

See the definition of “private landlord” in section 122(6) of the Housing and Planning Act 2016.

(8)

See the definition of “residential premises” in section 122(6) of the Housing and Planning Act 2016.

(12)

2000 c. 14. Heading was substituted by Schedule 3(1), paragraph 3(d) of the Regulation and Inspection of Social Care (Wales) Act 2016, anaw. 2; sub-section (1) was amended by Schedule 3(1), paragraph 3(a) of the Regulation and Inspection of Social Care (Wales) Act 2016; sub-section (3) and words in sub-section (4) were repealed by the Regulation and Inspection of Social Care (Wales) Act 2016; sub-section (4) was added by Schedule 5(1), paragraph 4(3) of the Health and Social Care Act 2008, c. 14.

(15)

1989 c. 42. Relevant part amended by Schedule 22(4), paragraph 1 of the Marine and Coastal Access Act 2009 (c. 23); words inserted by section 132(2) of the Greater London Authority Act 1999 (c. 29), Schedule 16(13), paragraph 202(6)(a) of the Police Reform and Social Responsibility Act 2011 (c. 13), and Schedule 1(2), paragraph 63(4)(a) of the Policing and Crime Act 2017 (c. 3).

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