REMINDER: electrical safety checks now apply to all tenancies

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The new electrical safety checks, introduced last June for new tenancies, now apply to all existing residential tenancies.

All private residential landlords are now obliged by law to ensure that every electrical installation in their rented premises is inspected and tested at intervals of no more than five years.

The inspection must be carried out by a qualified and competent person and a copy of the engineer’s report must be supplied to each existing tenant within 28 days of the inspection being carried out.

Should the local authority request, it must also be supplied with a copy of the inspection report within 7 days.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into operation from the 1 June 2020 and apply to all tenancies created on or after that date in England from 1 July 2020.

These regulations now apply to all existing tenancies from the 1^st of April 2021. This includes all assured shorthold tenancies and licences to occupy.

Exceptions

There are some limited exceptions which are set out in Schedule 1 of the Regulations and include social housing, lodgers, those on a long lease of 7 years or more, student halls of residence, hostels and refuges, care homes, hospitals and hospices, and other accommodation relating to healthcare provisions.

What about HMOs?

In the case of Houses in Multiple Occupation (HMOs) – defined as a property rented out by at least three people who are not from one ‘household’ (for example a family) but share facilities like the bathroom and kitchen – where the HMO is the tenant’s only or main residence and they pay rent, then these Regulations also apply to HMOs.

The Management of Houses in Multiple Occupation (England) Regulations 2006 had previously applied and put specific duties on HMO landlords concerning electrical safety.

Now, this aspect of electrical safety in HMOs has been repealed, replaced by the new Electrical Safety Regulations.

In the case of licensable HMOs, those with 5 or more tenants, The Housing Act 2004 regulations have now been amended by these new electrical regulations to require a new mandatory condition in HMO licences ensuring that every electrical installation in the HMO is in proper working order and safe for continued use.

What is required?

The Regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at an interval of at least every five years.

The standards to be met under these new regulations are the 18th edition of the Wiring Regulations and where deemed necessary by the inspector, investigative or remedial work must be carried out to ensure that the installation is made safe.

The new standards apply to the ‘fixed’ electrical parts of the electrical installation in a property, including all permanently connected equipment.

The Regulations do not cover electrical appliances, only the fixed electrical installations, but it is recommended that landlords regularly carry out portable appliance testing (PAT) on any electrical appliance that they provided for the tenant’s use. They should then supply their tenants with a record of any electrical inspections carried.

Tenants are responsible for making sure that any of their own electrical appliances are safe.

Full details here: Guide for landlords: electrical safety standards in the private rented sector.

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NEW: Tenant demand in London surges following months of plummeting rents

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A 10% drop in rental prices in the capital has fuelled a rise in renters taking advantage of the cut-price market, according to TwentyCi’s latest Property & Homemover Report.

It reveals there has been a significant resurgence in the number of tenants looking to rent in London, which is bucking the national trend of supply significantly exceeding demand.

The data firm says the downbeat performance of the rental sector regionally year-on-year continues to be suppressed as the desire for urban living with shorter commutes is replaced by more flexible locations and a shift for those able to buy their own home.

The average asking price across the UK is now £1,331 per month, a fall of 2% since Q1 2020.

But it adds that this is likely to change as the impact of the pandemic subsides and London recovers.

TwentyCi’s Q1 report reveals year-on-year growth in lets agreed was up 35% in inner London and 1% in Outer London.

But the rest of the UK saw dips which were more dramatic in some regions than others; rent growth in Northern Ireland fell by 2% while the South East was down by 7.5%. The North East and South West saw the biggest falls with growth down 13.2% and 18.7% respectively.

It was a mixed picture in the UK’s cities, with Edinburgh experiencing the highest year-on-year growth, up 15%, with Manchester up by 13%, while Peterborough saw a 15% fall and growth in Plymouth was down 31%.

The number of new rental instructions fell 8% to 337,749 over the last year, while the number let fell 4% to 209,098.

Read more about rents.

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Majority are doing everything they should and more to be a Good Landlord

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The good landlord quiz, designed by Hamilton Fraser Total Landlord Insurance and answered by more than 3,000 landlords, has found that, despite common misconceptions, most landlords are doing everything they should and more to be a good landlord.

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Review of the system for testing safety of construction products

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Housing Secretary Robert Jenrick has appointed two experts to lead an independent review of the system for testing construction products. Former government adviser and construction expert Paul Morrell OBE will be the chair of the independent panel, along with legal expert Anneliese Day QC.

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BREAKING: Home Office U-turns on completing retrospective Right-to-Rent checks

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Landlords have been saved an epic admin task as they now won’t need to carry out retrospective Right to Rent checks on tenants who had a Covid-adjusted check between 30^th March 2020 and 16^th May 2021.

During the pandemic, landlords and letting agents have been able to check tenants’ ID documents using video calls.

Previous guidance had warned them they would need to go back and check again within eight weeks of the temporary measures ending on 17th May.

But the Home Office has now announced that this won’t be necessary when in-person Right to Rent checks return, explaining: “This reflects the length of time the adjusted checks have been in place and supports landlords during this difficult time.”

Agent lobbying

ARLA Propertymark had lobbied the government, saying tenants wouldn’t understand the need for repeating checks, leaving agents and landlords vulnerable to civil penalties if and when they needed to provide a statutory excuse.

For agents, repeating checks would have meant dealing with multiple visitors to their office, while some tenants wouldn’t have gone to the branch, leading to widespread non-compliance.

The revised guidance means they can maintain a defence against a civil penalty if a Covid-adjusted check was conducted, “in the prescribed manner or as set out in the COVID-19 adjusted checks guidance”, says the Home Office.

Timothy Douglas, ARLA Propertymark policy and campaigns manager (pictured), says: “We are very pleased that the Home Office has listened to our concerns about the practical barriers that would have made it impossible for letting agents in England to repeat the volume of adjusted checks carried out over the last year due to the pandemic.”

It now wants the sector to focus on getting to grips with the new system for all overseas nationals including those granted status under the EU Settlement Scheme.

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BREAKING: Trading Standards to consult on what property portal listings should include

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National Trading Standards is to launch guidance that will ensure that portal listings include the minimum ‘material information’ when marketing properties on portals to tenants, and has launched a consultation ahead of the guidance being finalised.

As well as the basics, this also covers several contentious areas including the status of cladding on a building, under what conditions pets are allowed in a property and whether a landlords is prepared to accept tenants in receipt of benefits.

But overall NTS wants to help agents to meet their minimum legal requirements at the beginning of tenants’ and buyers’ property searches, the vast majority of whom use portals to kick off their house hunting.

Under current legislation, as set out in the Consumer Protection from Unfair Trading Regulations 2008, estate agents and letting agents have a legal obligation not to omit material information from consumers on property listings.

But current practices around disclosure are not consistent across the industry, says NTS chief James Munro (pictured, above).

He heads up its specialist National Trading Standards Estate and Letting Agency Team which is developing guidance for agents to clarify what should be in portal listings.

He is encouraging estate and letting agents to share their thoughts about what constitutes material information in a new survey launched today but due to close on 17^th May.

The survey covers a range of questions for agents about what should be defined as material information, including information on building safety, utilities and property tenure.

Research among home buyers and tenants reveals that 90% would prefer portal listings to include details property information, and that approximately half would be suspicious of, or less likely to buy or rent a property if key information is missing.

“It is essential for property agents to understand their obligations in terms of disclosure so this is why this guidance is so vital,” says Sean Hooker, Head of Redress at the PRS (pictured).

“The shop window for most agents are now the portals so they are the perfect place for consumer to gather the facts they need to help them make their decision about what is such an important matter – the roof over their head.

“The survey is your chance to help shape what will need to be part of this information pack available at the fingertips of your customers.”

Read more about property portals.

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Local Authority rent guarantees could unlock PRS to UC tenants

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Rent guarantees and upfront cash payments from local authorities are most effective in opening up the private rented sector for people receiving benefits according to major new research from the Centre for Homelessness Impact, the Behavioural Insights Team and the National Residential Landlords Association.

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