Housing and Planning Act 2016

Valid from 25/10/2019

Electrical safety standards E+W

122 Electrical safety standards for properties let by private landlords E+W

(1) The Secretary of State may by regulations impose duties on a private landlord of residential premises in England for the purposes of ensuring that electrical safety standards are met during any period when the premises are occupied under a tenancy.

(2) “Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to—

(a) the installations in the premises for the supply of electricity, or

(b) electrical fixtures, fittings or appliances provided by the landlord.

(3) The duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.

(4) The regulations may make provision about—

(a) how and when checks are carried out;

(b) who is qualified to carry out checks.

(5) The regulations may require the landlord—

(a) to obtain a certificate from the qualified person confirming that electrical safety standards are met, and

(b) to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.

(6) In this section—

• “premises” includes land, buildings, moveable structures, vehicles and vessels;

• “private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (the landlord condition for secure tenancies);

• “residential premises” means premises all or part of which comprise a dwelling;

• “tenancy” includes a licence to occupy (and “landlord” is to be read accordingly).

123 Electrical safety standards: enforcement E+W

(1) Regulations under section 122 may provide for covenants to be implied into a tenancy.

(2) Regulations under that section—

(a) may make provision about the enforcement of a duty imposed by the regulations;

(b) may confer functions on a local housing authority in England.

(3) The provision that may be made about enforcement includes provision—

(a) requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);

(b) conferring power on a local housing authority to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply with a duty imposed by the regulations.

(4) The provision that may be made in reliance on subsection (3)(a) includes provision—

(a) about the procedure to be followed in imposing penalties;

(b) about the amount of penalties;

(c) conferring rights of appeal against penalties;

(d) for the enforcement of penalties;

(e) about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).

(5) The provision that may be made in reliance on subsection (3)(b) includes provision—

(a) about procedural matters;

(b) enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;

(c) about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).

(6) In this section “local housing authority” has the meaning given by section 1 of the Housing Act 1985.