Issue - meetings

The Private Sector Housing Manager presented a report on the subject of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

These regulations had been in force for new tenancies in the private rented sector for some time.  However, the regulations also now applied to existing tenancies.  The regulations ensured that landlords for properties in the private rented sector had to make sure that electrical safety checks were carried out for each property, as they were for gas safety inspections.  Assessments needed to be completed every five years.  Landlords were obliged to inform local authorities of any issues that were identified during the checks and were required to address these problems within 28 days.

The report proposed penalties that would be imposed on landlords for non-compliance, in terms of undertaking remedial works to address any issues that were identified.  Should landlords fail to act, the Council could take the action on the landlord’s behalf and recharge for the works.  The penalties represented an additional fee that landlords would be obliged to pay for non-compliance.  In considering the level at which to set the penalty fee, the Council had taken into account the approach that was being adopted at other local authorities in Worcestershire.  The proposed penalty fees were:

·                £1,000 for a first offence

·                £3,000 for any subsequent offences.

Following the presentation of the report, the Portfolio Holder for Housing and Procurement explained that Officers had worked hard to ensure that the proposed penalties were set at an appropriate level.  Nationally, there was evidence to suggest that if penalties were too punitive landlords would prefer to take their case to court, which could result in considerable costs for all parties.  The proposed penalties were considered to be a sufficient deterrent without being likely to encourage many landlords to resort to the legal process.  Members were asked to note that there were many good landlords in the Borough.  It was likely that good landlords would welcome the requirements set out in the legislation, as it would help to address the actions of rogue landlords and would encourage fair competition.

During consideration of this item, Members expressed concerns that there might be tenants living in the private rented sector who were not aware of their rights.  Officers were therefore urged to publish communications on the Council’s website which helped to clarify tenants’ rights.

RECOMMENDED that

the proposed financial penalty charges for non-compliance are adopted and the respective enforcement powers of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are delegated to the Head of Community and Housing Services.