Draft legislation proposes from 1 July 2020, that electrical safety checks for rental properties in England must be carried out.

The legislation requires the landlord to ensure that every electrical installation is inspected and tested at regular intervals (every 5 years and more often if required by the safety report) by a qualified person before the tenancy begins. 

For existing tenancies, the first inspection must occur by 1 April 2021.

After the inspection and testing is carried out the landlord must obtain a written report and provide a copy of it to the tenant. If any new tenancies are granted the report must be given to the new tenant before they occupy the property.

If the safety report concludes there is a fault or potential fault, the landlord must ensure the fault is investigated further or repairs are carried out by a qualified person within 28 days or within the time period specified by the report, if sooner. 

The regulations will apply to all properties across the private rental sector.  However, where the tenant shares accommodation or amenities with the landlord or their family, they are excluded. 

The regulations will replace the existing requirements regarding electrical installation testing and inspection for houses in multiple occupation.

If the local authority concludes that the landlord has breached its obligations, they can issue a notice of intent to impose a financial penalty up to £30,000.  Where there are multiple breaches, multiple penalties can be imposed. 

If you are a landlord of residential properties in England and require further information in relation to this then please do not hesitate to contact our specialist real estate litigation team on 0161 941 4000 or via email.