Regulation 3: Duties of private landlords in relation to electrical installations Duties of landlords in relation to electrical installations etc., The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020

A private landlord landlord who grants or intends to grant a specified tenancy must—

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

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

ensure every electrical installation in the residential premises is inspected and tested by a qualified person before the specified tenancy commences.

ensure the first inspection and testing is carried out—

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

by 1st April 2021 in relation to an existing specified tenancy.

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

at intervals of no more than 5 years; or

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

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.

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.

Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord landlord must—

obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test; —

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

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;

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

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;

retain a copy of that report until the later of—

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

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);

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

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

supply a copy of the most recent report to—

any new tenant of the specified tenancy under a specified tenancy of premises to which the report relates before that tenant occupies those premises; and

any prospective tenant under 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.

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

28 days; or

the period specified in the report if less than 28 days,

starting with the date of the inspection and testing.

Where paragraph (4) applies, a private landlord landlord must—

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

the electrical safety standards are met; or

further investigative or remedial work is required;

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

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.

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 private landlord landlord must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.

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).

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

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

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

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

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.

Regulation 3: Duties of private landlords in relation to electrical installations Duties of landlords in relation to electrical installations etc.

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