PART 5Housing, estate agents and rentcharges: other changes
Electrical safety standards
122Electrical safety standards for properties let by private landlords
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).
123Electrical safety standards: enforcement
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.