Q-1.
What the regulations say?
Ans:
These new regulations require landlords to have the electrical installations in their properties inspected at least every 5 years and tested by a person who is qualified and competent.
Q-2.
When the regulation was brought into action?
Ans:
The regulations apply in England to all new specified tenancies from 1 July 2020 and all existing specified tenancies from 1 April 2021. 'New specified tenancies' is any tenancy created on or after 1 June 2020.
Q-3.
When to supply the report to the tenants?
Ans:
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 the most recent report to any new tenant of the specified tenancy to which the report relates before that tenant occupies those premises; and any prospective tenant within 28 days of receiving a request in writing for it from that prospective tenant.
Q-4.
What happens in the event of an Unsatisfactory Report?
Ans:
Where an Electrical Installation Safety Report identifies urgent remedial work or requires 'further investigation', the private landlord must ensure that the required work is carried out by a qualified and competent person within 28 days (or the period specified in the report if it is less than 28 days), starting with the date of the inspection and testing.
Q-5.
What happens if I don’t comply with these Regulations?
Ans:
Local authorities will be responsible for enforcing the new regulations and can impose a financial penalty of up to £30,000 if they find a landlord is in breach of their duty.
Q-6.
What are the unsatisfactory codes?
Ans:
C1 – Danger present, risk of injury, immediate remedial action required
C2 – Potentially Dangerous, urgent remedial action required
FI – Further investigation required
Q-7.
What is the satisfactory code?
Ans:
C3 – Improvement recommended
Q-8.
Will an electrical report need to be done at the start of a statutory periodic tenancy or during the transitional period?
Ans:
Properties let on statutory periodic tenancies where the fixed term expires between July 2020 and April 2021 will require an inspection and test at this point under the Regulations. For statutory periodic tenancies – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) - the periodic tenancy would be a new tenancy.
Q-9.
Does this Regulation apply to Houses of Multiple Occupation (HMO)?
Ans:
Yes. These regulations repeal the previous legislation which set the requirement on HMO landlords on the 1st June 2020.
Q-10.
If an electrical report is not given to a tenant before they move in (or within 28 days of a renewal of a report) does it prevent a Section 21 notice from being served?
Ans:
No, this won't be the case under these regulations.
0203 5000 999 