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Electrical safety under the Housing and Planning Act 2016

March 27, 2017 Marishelle Gibson

Where legislation is concerned it is important that we provide the correct information to our landlords and tenants. We are members of ARLA PropertyMark, a governing body, who keep members informed of the latest relevant legislation, we are members of GKJ Consultants who also provide a clear interpretation of legislation and we take advice from specialists’ property solicitors.

PainSmith Solicitors, a specialist property law firm, have released the latest information on electrical safety.

The provisions in Part 5 of the Housing and Planning Act allowing for regulations to be made requiring Electrical Safety testing by landlords are now expected to come into force in October 2017. Under the provisions the Secretary of State may by secondary legislation impose an obligation on a residential landlord in England to ensure that Electrical Safety Standards are met during any rental period.

At present under the Landlord and Tenant Act 1985 landlords only need to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity. Under the new provisions in Part 5 of the Act this will change.

The Electrical Safety Standards that the Secretary of State may impose are in relation to:

• the installation in the premises or the supply of electricity; or

• electrical fixtures, fittings or appliances provided by the landlord.

The landlord’s obligations are expected to include duties to ensure that a suitably qualified electrician has checked that the standards have been met, that they obtain a certificate confirming this with a copy provided to the tenant or any other relevant person. It will be for the Secretary of State to decide how often these checks should be carried out and who will be suitably qualified to do so.

Further detail on this and other relevant legislation can be seen on the Latest News section of this website.

Marishelle Gibson

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