Regulation 4: Duty of local housing authority to serve a remedial notice, The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020

Where a local housing authority has reasonable grounds to believe that, in relation to residential premises situated within its area, a private landlord landlord 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 private landlord landlord.

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—

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

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

A remedial notice must—

specify the premises to which the notice relates;

specify the duty or duties that the local housing authority considers the private landlord landlord has failed to comply with;

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

require the private landlord landlord to take that action within 28 days beginning with the day on which the notice is served;

explain that the private landlord landlord is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served;

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

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

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).

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

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

The local housing authority must—

inform the private landlord landlord 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

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

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

Regulation 4: Duty of local housing authority to serve a remedial notice

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