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.