PART 1 Introduction

Citation, commencement and application_I1

1.—(1) These Regulations may be cited as the Electrical Safety Standards in the Private Rented Sector [^F2and Social Rented Sector^F2] (England) Regulations 2020.

(2) These Regulations come into force on 1st June 2020.

[^F3 (3) These Regulations apply in England only to—

(a)all new specified tenancies from 1st July 2020; and

(b)all existing specified tenancies from 1st April 2021.^F3]

[^F3 (3) These Regulations apply in England only in relation to specified tenancies.^F3]

Interpretation_I2

2. In these Regulations—

“authorised person” means a person authorised in writing by the local housing authority( 3 ) for the purpose of taking remedial action under regulations 6 and 10;

[^F4 “ electrical equipment ” means those electrical fixtures, fittings and appliances that are not electrical installations; ^F4]

“electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010 ( 4 );

“electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018( 5 );

[^F5 “existing specified tenancy” means a specified tenancy which was granted before the coming into force of these Regulations; ^F5]

[^F6 “new specified tenancy” means a specified tenancy which is granted on or after the coming into force of these Regulations; ^F6]

[^F7 “qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards; ^F7]

[^F8 “ prospective tenant ” means, in relation to a specified tenancy, a person—

[^F8 “ registered provider ” means a registered provider of social housing; ^F8]

[^F8 “ relevant equipment ” means—

“remedial notice” means a notice served under regulation 4(1) of these Regulations;

“specified tenancy” means a tenancy( 6 ) of residential premises in England which—

“urgent remedial action” means such action identified in a report under regulation 3(3) as is immediately necessary in order to remove the danger present and risk of injury.

PART 2 [^F9Duties of private landlords ^F9] [^F9Duties of landlords in relation to electrical installations etc.^F9]

[^F10Duties of private landlords in relation to electrical installations^F10] [^F10Duties of landlords in relation to electrical installations etc.^F10] _I3

3.—(1) A [^F11private landlord^F11] (7) [^F11landlord^F11] who grants or intends to grant a specified tenancy must—

(a)ensure that the electrical safety standards are met during any period when the residential premises(8) are occupied under a specified tenancy;

(b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and

[^F12 (c)ensure every electrical installation in the residential premises is inspected and tested by a qualified person before the specified tenancy commences.^F12]

[^F12 (c)ensure the first inspection and testing is carried out—

(i)before the tenancy commences in relation to a new specified tenancy; or

(ii)by 1st April 2021 in relation to an existing specified tenancy.^F12]

(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—

(a)at intervals of no more than 5 years; or

(b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing [^F13to be at intervals of less than 5 years, at the intervals specified in that report.^F13][^F13 to take place by an earlier date, no later than that date.^F13]

[^F14 (2A) A landlord is not to be taken to be in breach of a duty under paragraph (1) if the landlord can show they have taken all reasonable steps to comply with that duty.

(2B) For the purposes of paragraph (2A), where a landlord, or a person acting on behalf of a landlord, is prevented from entering the residential premises to which the duty under paragraph (1) relates by a tenant of those premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with that duty solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.^F14]

(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a [^F11private landlord^F11][^F11 landlord^F11] must—

(a)obtain a report from the person conducting that inspection and test, which [^F15gives the results of the inspection and test and the date of the next inspection and test;^F15][^F15 —

(i)gives the results of the inspection and test and the date by which the next inspection and test is required; and

(ii)where the landlord is a registered provider that provides relevant equipment in the residential premises to which the report relates, states whether the checking required by regulation 3B(1) is up to date for each item of such equipment that has been identified in information supplied under regulation 3D;^F15]

(b)supply a copy of that report to each existing tenant of the residential premises within 28 days of the inspection and test;

(c)supply a copy of that report to the local housing authority within 7 days of receiving a request in writing for it from that authority;

[^F16 (ca)retain a copy of that report until the later of—

(i)the date by which the next inspection and test is required under sub-paragraph (1); and

(ii)the date on which the next inspection and test is conducted,

unless it is superseded by a more recent report under sub-paragraph (3)(a);^F16]

[^F17 (d)retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and^F17]

[^F17 (d)supply a copy of that report to the person carrying out the next inspection and test under paragraph (1); and^F17]

(e)supply a copy of the most recent report to—

(i)any new tenant[^F18 of the specified tenancy^F18][^F18 under a specified tenancy of premises^F18] to which the report relates before that tenant occupies those premises; and

(ii)any prospective tenant[^F19 under a specified tenancy of premises to which the report relates^F19] within 28 days of receiving a request in writing for it from that prospective tenant.

(4) Where a report under sub-paragraph (3)(a) indicates that a [^F11private landlord^F11][^F11 landlord^F11] is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the [^F11private landlord^F11][^F11 landlord^F11] to undertake further investigative or remedial work, the [^F11private landlord^F11][^F11 landlord^F11] must ensure that further investigative or remedial work is carried out by a qualified person within—

(a)28 days; or

(b)the period specified in the report if less than 28 days,

starting with the date of the inspection and testing.

(5) Where paragraph (4) applies, a [^F11private landlord^F11][^F11 landlord^F11] must—

(a)obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that—

(i)the electrical safety standards are met; or

(ii)further investigative or remedial work is required;

(b)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to each existing tenant of the residential premises within 28 days of completion of the further investigative or remedial work; and

(c)supply that written confirmation, together with a copy of the report under sub-paragraph (3)(a) which required the further investigative or remedial work to the local housing authority within 28 days of completion of the further investigative or remedial work.

(6) Where further investigative work is carried out in accordance with paragraph (4) and the outcome of that further investigative work is that further investigative or remedial work is required, the [^F11private landlord^F11][^F11 landlord^F11] must repeat the steps in paragraphs (4) and (5) in respect of that further investigative or remedial work.

[^F20 (6A) Paragraphs (2A) and (2B) apply in relation to a duty under paragraph (4) and (6) as they apply in relation to a duty under paragraph (1).^F20]

[^F21 (7) For the purposes of sub-paragraph (3)(e)(ii) a person is a prospective tenant in relation to residential premises if that person—

(a)requests any information about the premises from the prospective landlord for the purpose of deciding whether to rent those premises;

(b)makes a request to view the premises for the purpose of deciding whether to rent those premises; or

(c)makes an offer, whether oral or written, to rent those premises.^F21]

[^F22 (8) In this regulation—

“ qualified person ” means a person competent to undertake the inspection and testing required under paragraph (1) and any further investigative or remedial work in accordance with the electrical safety standards;

“ up to date ” means, in relation to the checking of an item of relevant equipment, that the date given in the most recent ISIT record (within the meaning of regulation 3A(2)) for the item of relevant equipment as the date by which the next inspection and test must take place has not passed. ^F22]

[^F23PART 2A Duties of registered providers in relation to electrical equipment

Application and interpretation of this Part

3A.—(1) This Part applies to a registered provider that grants, or intends to grant, a specified tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008under which electrical equipment is provided, or would be provided if the tenancy were granted.

(2) In this Part—

“ check ” means, in relation to an item of electrical equipment, such visual inspection or testing (or both) of that equipment as the qualified person conducting the check considers necessary to determine whether or not that equipment is safe for continued use;

“ ISIT record ” means a record under regulation 3C(1) or (4);

“ qualified person ” means a person competent to undertake the checking required under regulation 3B(1) and any remedial work required under regulation 3C(2)(b);

“ safe for continued use ” means, in relation to an item of electrical equipment, that—

Duties of registered providers for safety and checking of electrical equipment

3B.—(1) A registered provider must ensure that—

(a)relevant equipment is safe for continued use during any period in which the residential premises in which it is provided are occupied under a specified tenancy;

(b)each item of relevant equipment provided in residential premises occupied under a specified tenancy is checked at regular intervals by a qualified person; and

(c)before a specified tenancy commences, each item of relevant equipment provided in the residential premises that will be occupied under the tenancy is checked by a qualified person.

(2) For the purposes of paragraph (1)(b) “ at regular intervals ” means, in relation to the checking of an item of relevant equipment—

(a)at intervals of no more than 5 years; or

(b)where the most recent ISIT record for that equipment requires the next check to take place by an earlier date, no later than that date.

(3) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (1) as it applies in relation to a duty under regulation 3(1).

Duties of registered providers following a check of electrical equipment

3C.—(1) Following a check required under regulation 3B(1), the registered provider must obtain a record from the person conducting the check which gives—

(a)the results of the check; and

(b)where the item of relevant equipment is safe for continued use, the date by which the next check is required under regulation 3B(1).

(2) Where the ISIT record indicates that an item of relevant equipment is not safe for continued use—

(a)the registered provider must—

(i)where the check was under regulation 3B(1)(b), immediately inform the tenant of that fact;

(ii)where the check was under regulation 3B(1)(c) and the equipment remains unsafe at the time the tenancy commences, immediately inform the tenant of that fact;

(b)the registered provider must within the required timeframe—

(i)ensure that remedial work that makes the item of relevant equipment safe for continued use is carried out by a qualified person; or

(ii)replace the item of relevant equipment with one that is safe for continued use.

(3) For the purposes of paragraph (2)(b) “ within the required timeframe ” means—

(a)where the ISIT record was obtained following a check under regulation 3B(1)(b), as soon as reasonably practicable and no later than 28 days after the check takes place; or

(b)where the ISIT record was obtained following a check under regulation 3B(1)(c)—

(i)as soon as reasonably practicable and no later than 28 days after the check takes place, or

(ii)if the premises in which the item of electrical equipment is provided is not occupied under a specified tenancy, before the tenancy commences (if later).

(4) Following remedial work to, or replacement of, an item of relevant equipment under paragraph (2)(b), the registered provider must obtain a record from a qualified person that—

(a)confirms that the item of relevant equipment is safe for continued use; and

(b)gives the date by which the next check is required under regulation 3B(1).

(5) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (2)(b) as it applies in relation to a duty under regulation 3(1).

Supplementary duties of registered providers in relation to ISIT records etc.

3D. A registered provider must—

(a)retain a copy of an ISIT record for an item of relevant equipment until the later of—

(i)the date by which the next check of that equipment is required under regulation 3B(1); and

(ii)the date on which the next such check is conducted,

unless it is superseded by a more recent ISIT record for that equipment;

(b)supply a copy of the most recent ISIT record for an item of relevant equipment to the person carrying out—

(i)the next check of that equipment under regulation 3B(1); or

(ii)any remedial work to that equipment required under regulation 3C(2)(b)(i);

(c)supply the person carrying out an inspection and test required under regulation 3(1) of electrical installations in residential premises with—

(i)information in writing identifying any relevant equipment provided in the residential premises; and

(ii)where there is relevant equipment provided in the residential premises, a copy of the most recent ISIT record for each item of such equipment;

(d)supply the local housing authority with—

(i)information in writing identifying any relevant equipment provided in residential premises demised under a specified tenancy; and

(ii)where there is relevant equipment provided in the residential premises, a copy of the most recent ISIT record for each item of such equipment,

within 7 days of receiving a request in writing for it from the authority;

(e)supply, to a tenant of a specified tenancy under which relevant equipment is provided, a copy of the most recent ISIT record for each item of relevant equipment provided in the residential premises demised under the tenancy within 28 days of receiving a request in writing for it from the tenant; and

(f)supply a copy of the most recent ISIT record for each item of relevant equipment provided in the residential premises demised, or to be demised, under a specified tenancy to—

(i)any new tenant under that tenancy before that tenant occupies those premises; and

(ii)any prospective tenant under that tenancy within 28 days of receiving a request in writing for it from that prospective tenant.^F23]

PART 3 Remedial action

Duty of local housing authority to serve a remedial notice_I4

4.[^F24—(1) Where a local housing authority has reasonable grounds to believe that, in relation to residential premises situated within its area, a [^F11 private landlord^F11] [^F11 landlord^F11] is in breach of one or more of the duties under regulation 3(1)(a), (1)(b), (1)(c), (4) and (6), and the most recent report under regulation 3(3) does not indicate that urgent remedial action is required, the authority must serve a remedial notice on the [^F11 private landlord^F11] [^F11 landlord^F11] .^F24]

[^F24 (1) A local housing authority must serve a remedial notice on a landlord where it has reasonable grounds to believe that, in relation to residential premises situated within its area—

(a)the landlord is in breach of one or more of the duties under regulation 3(1), (4) and (6) and the most recent report under regulation 3(3) does not indicate that urgent remedial action is required; or

(b)the landlord is in breach of one or more of the duties under regulations 3B(1) and 3C(2).^F24]

(2) A remedial notice must—

(a)specify the premises to which the notice relates;

(b)specify the duty or duties that the local housing authority considers the [^F11private landlord^F11][^F11 landlord^F11] has failed to comply with;

(c)specify the remedial action the local housing authority considers should be taken;

(d)require the [^F11private landlord^F11][^F11 landlord^F11] to take that action within 28 days beginning with the day on which the notice is served;

(e)explain that the [^F11private landlord^F11][^F11 landlord^F11] is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served;

(f)specify the person to whom, and the address (including if appropriate any email address) to which, any representations may be sent; and

(g)explain the effect of regulations 11 and 12, including the maximum financial penalty which a local housing authority may impose.

(3) The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).

(4) The local housing authority must consider any representations made under paragraph (2).

(5) Where a [^F11private landlord^F11][^F11 landlord^F11] makes written representations the remedial notice is suspended until the local housing authority has complied with paragraphs (4) and (6).

(6) The local housing authority must—

(a)inform the [^F11private landlord^F11][^F11 landlord^F11] in writing of the outcome of the consideration under paragraph (4) within 7 days beginning with the day on which the period under sub-paragraph (2)(e) expires; and

(b)where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, confirm that notice and inform the [^F11private landlord^F11][^F11 landlord^F11] in writing that the remedial notice is confirmed and the suspension under paragraph (5) ceases to have effect.

(7) The local housing authority may withdraw the remedial notice at any time.

Duty of [^F11private landlord^F11] [^F11landlord^F11] to comply with a remedial notice_I5

5.—(1) Where a remedial notice is served on a [^F11private landlord^F11][^F11 landlord^F11] , the [^F11private landlord^F11][^F11 landlord^F11] must take the remedial action specified in the notice within—

(a)where no representations are made under regulation 4(2) and the remedial notice is not withdrawn, the period specified in regulation 4(2)(d); or

(b)where representations are made under regulation 4(2) and the outcome of the consideration under regulation 4(4) is to confirm the remedial notice, 21 days from the day on which the [^F11private landlord^F11][^F11 landlord^F11] is informed that the suspension under regulation 4(5) ceases to have effect.

[^F25 (2) A [^F11 private landlord^F11] [^F11 landlord^F11] is not to be taken to be in breach of the duty under paragraph (1) if the [^F11 private landlord^F11] [^F11 landlord^F11] can show they have taken all reasonable steps to comply with that duty.

(3) For the purposes of paragraph (2), where a [^F11 private landlord^F11] [^F11 landlord^F11] is prevented from entering the residential premises to which the duty under paragraph (1) relates by the tenant or tenants of those premises, the [^F11 private landlord^F11] [^F11 landlord^F11] will not be considered to have failed to have taken all reasonable steps to comply with the duty under paragraph (1) solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.^F25]

[^F25 (2) Regulation 3(2A) and (2B) applies in relation to a duty under paragraph (1) as it applies in relation to a duty under regulation 3(1).^F25]

Power of local housing authority to arrange remedial action_I6

6.—(1) Where a local housing authority is satisfied, on the balance of probabilities, that a [^F11private landlord^F11][^F11 landlord^F11] on whom it has served a remedial notice is in breach of the duty under regulation 5(1), the authority may, with the consent of the tenant or tenants of the premises in relation to which the remedial action is to be taken, arrange for an authorised person to enter those premises to take the remedial action specified in the remedial notice.

(2) Before the remedial action is taken the local housing authority must serve a notice on the [^F11private landlord^F11][^F11 landlord^F11] specifying—

(a)the premises in relation to which the remedial action is to be taken by the authorised person under paragraph (1) and the nature of that remedial action;

(b)the power under which the remedial action is to be taken by the authorised person in paragraph (1);

(c)the date when the remedial action will be taken by the authorised person; and

(d)the right of appeal under regulation 7 against the decision of the authority to arrange for an authorised person to take the remedial action.

(3) The local housing authority must arrange for an authorised person to take the remedial action within 28 days of—

(a)the end of the notice period in regulation 7(3) where there is no appeal; or

(b)an appeal decision that confirms or varies the decision of the local housing authority where there is an appeal.

(4) An authorised person must—

(a)give not less than 48 hours’ notice of the remedial action to the tenant or tenants of the residential premises on which it is to be taken; and

(b)if required to do so by or on behalf of the [^F11private landlord^F11][^F11 landlord^F11] or tenant or tenants, produce evidence of identity and authority.

Appeals relating to remedial action by local housing authorities_I7

7.—(1) A [^F11private landlord^F11][^F11 landlord^F11] on whom a notice under regulation 6(2) has been served may appeal to the First-tier Tribunal against the decision of the local housing authority to take that action.

(2) An appeal may be brought on the grounds that all reasonable steps had been taken to comply with the remedial notice, or reasonable progress had been made towards compliance with that notice, when the local housing authority gave notice under regulation 6(2).

(3) An appeal under paragraph (1) must be made within the period of 28 days beginning with the day on which the notice is served under regulation 6(2).

(4) The First-tier Tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(5) If a [^F11private landlord^F11][^F11 landlord^F11] appeals under paragraph (1) the remedial notice is suspended until the appeal is finally determined or withdrawn.

(6) The tribunal may confirm, quash or vary the decision of the authority.

Recovery of costs_I8

8.—(1) The local housing authority may recover costs reasonably incurred by them in taking action—

(a)under regulation 6(1) from the [^F11private landlord^F11][^F11 landlord^F11] on whom the remedial notice was served; or

(b)under regulation 10(1) from the [^F11private landlord^F11][^F11 landlord^F11] on whom the notice under regulation 10(3) was served.

(2) A demand for recovery of costs under paragraph (1) must be served on the [^F11private landlord^F11][^F11 landlord^F11] from whom the local housing authority is seeking recovery.

(3) If no appeal is brought under regulation 9, the costs become payable at the end of the period of 21 days beginning with the day on which the demand is served.

Appeals against recovery of costs_I9

9.—(1) A [^F11private landlord^F11][^F11 landlord^F11] on whom a demand for the recovery of costs has been served may appeal to the First-tier Tribunal against the demand.

(2) An appeal must be made within the period of 21 days beginning with the day on which the demand is served under regulation 8(2).

(3) The First-tier Tribunal may allow an appeal to be made to it after the end of the period mentioned in sub-paragraph (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(4) An appeal may be brought on the ground that all reasonable steps had been taken to comply with the remedial notice, or reasonable progress had been made towards compliance with that notice, when the local housing authority gave notice under regulation 6(2) of their intention to enter and take the action.

(5) The tribunal may confirm, quash or vary the demand.

(6) Where an appeal is brought against a demand for recovery of costs served under regulation 8(2), the costs become payable as follows—

(a)if a decision is given on the appeal which confirms the demand and the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, the costs becomes payable at the end of that period;

(b)if an appeal to the Upper Tribunal is brought and a decision is given on that appeal which confirms the demand, the costs becomes payable at the time of that decision.

(7) For the purposes of sub-paragraph (6)—

(a)the withdrawal of an appeal has the same effect as a decision which confirms the demand, and

(b)references to a decision which confirms the demand are to a decision which confirms it with or without variation.

(8) No question may be raised on appeal under this regulation which might have been raised on an appeal against the remedial notice.

PART 4 Urgent remedial action

Urgent remedial action_I10

10.—(1) Where—

(a)the report under regulation 3(3)(a) indicates that urgent remedial action is required in relation to the residential premises, and

(b)the local housing authority in whose area the residential premises are situated is satisfied on the balance of probabilities that a [^F11private landlord^F11][^F11 landlord^F11] is in breach of the duty under regulation 3(4) to undertake the required remedial or investigative work in relation to those residential premises within the period specified in the report,

the authority may, with the consent of the tenant or tenants of those residential premises, arrange for an authorised person to take the urgent remedial action.

(2) Subject to paragraph (5), the power of the local housing authority to arrange remedial action conferred by paragraph (1) may be exercised at any time.

(3) The local housing authority must serve a notice on the [^F11private landlord^F11][^F11 landlord^F11] and—

(a)every person who to the authority’s knowledge is an occupier of the premises in relation to which the authorised person is taking urgent remedial action; or

(b)fix the notice to some conspicuous part of the premises;

within the period of seven days beginning with the day on which the authorised person commences the urgent remedial work.

(4) The notice required by regulation 10(3) must specify and explain—

(a)the nature of the urgent remedial action required;

(b)the premises in relation to which that urgent remedial action was (or is being or is to be) taken by the authority;

(c)the power under which that urgent remedial action was (or is being or is to be) taken by the authority;

(d)the date when that urgent remedial action was (or is to be) started;

(e)the right to appeal under regulation 7 against the decision of the authority to take the urgent remedial action;

(f)the period within which an appeal may be made; and

(g)the effect of regulations 11 and 12, including the maximum financial penalty which an authority may impose.

(5) An authorised person must—

(a)give not less than 48 hours’ notice of the urgent remedial action to the tenant or tenants of the residential premises on which it is to be taken; and

(b)if required to do so by the [^F11private landlord^F11][^F11 landlord^F11] or a tenant, produce evidence of identity and authority.

(6) Regulation 7 applies to the taking of urgent remedial action as it applies to the taking of remedial action, save that—

(a)an appeal under regulation 7(2) must (instead of being made in accordance with regulation 7(3)) be made within the period of 28 days beginning with the date specified in the notice, under sub-paragraph (4)(d), as the date when the urgent remedial action was (or was to be) started; and

(b)regulation 7(5) does not apply to urgent remedial action.

PART 5 Financial penalties

Financial penalties for breach of duties_I11

11.—(1) Where a local housing authority is satisfied, beyond reasonable doubt, that a [^F11private landlord^F11][^F11 landlord^F11] has breached a duty under regulation 3 [^F26, 3B, 3C or 3D^F26] , the authority may impose a financial penalty (or more than one penalty in the event of a continuing failure) in respect of the breach.

(2) A financial penalty—

(a)may be of such amount as the authority imposing it determines; but

(b)must not exceed [^F27£30,000^F27][^F27 £40,000^F27] .

Procedure for and appeals against financial penalties_I12

12. Schedule 2 to these Regulations (procedure for and appeals against financial penalties) has effect.

[^F28PART 5A Review

Review

12A.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in Parts 2 to 5 of these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st November 2030.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) A report published under this regulation must, in particular—

(a)set out the objectives to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate;

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act ). ^F28]

PART 6 Licences under Parts 2 and 3 of the Housing Act 2004

Amendments to Schedule 4 to the Housing Act 2004 _I13

13. In paragraph 1(3) of Schedule 4 to the Housing Act 2004 (licensing under parts 2 and 3: mandatory conditions) at the end of paragraph (b), insert—

“;

(c)where the house is in England, additionally—

(i)to ensure that every electrical installation in the house is in proper working order and safe for continued use; and

(ii)to supply the authority, on demand, with a declaration by him as to the safety of such installations;

(d)for the purposes of paragraph (c) “electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010.”.

PART 7 Duty of manager to supply and maintain gas and electricity

Amendments to the Management of Houses in Multiple Occupation (England) Regulations 2006_I14

14. In the Management of Houses in Multiple Occupation (England) Regulations 2006(9), omit regulation 6(3).

Regulation 2

SCHEDULE 1 Excluded tenancies

Private registered provider of social housing

^F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Shared accommodation with landlord or landlord’s family_I15

2.—(1) A tenancy under the terms of which the occupier shares any accommodation with the landlord or a member of the landlord’s family.

(2) For the purposes of this paragraph—

(a)an occupier shares accommodation with another person if the occupier has the use of an amenity in common with that person (whether or not also in common with others);

(b) “amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access;

(c)a person is a member of the same family as another person if—

(i)those persons live as a couple;

(ii)one of them is the relative of the other; or

(iii)one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple;

(d) “couple” means two people who are married to, or civil partners of, each other or who live together as if they are a married couple or civil partners;

(e) “relative” means parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew, niece or cousin;

(f)a relationship of the half-blood is to be treated as a relationship of the whole blood; and

(g)a stepchild of a person is to be treated as that person’s child.

Long leases_I16

3.—(1) A tenancy that—

(a)is a long lease; or

(b)grants a right of occupation for a term of 7 years or more.

(2) In this paragraph “long lease” means a lease which is a long lease for the purposes of section 7 of the Leasehold Reform, Housing and Urban Development Act 1993 ( 10 ) or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act ), would be such a lease if the tenant’s total share (within the meaning given by that section) were 100 per cent.

(3) A tenancy does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.

Student halls of residence_I17

4.—(1) A tenancy that grants a right of occupation in a building which—

(a)is used wholly or mainly for the accommodation of students, and

(b)is a hall of residence.

(2) In this paragraph “student” has the same meaning as in an order made under paragraph 4 of Schedule 1 to the Local Government Finance Act 1992 ( 11 ).

Hostels and refuges_I18

5.—(1) A tenancy that grants a right of occupation in a hostel or refuge.

(2) In this paragraph “hostel” means a building which satisfies the following two conditions.

(3) The first condition is that the building is used for providing to persons generally, or to a class of persons—

(a)residential accommodation otherwise than in separate and self-contained premises; and

(b)board or facilities for the preparation of food adequate to the needs of those persons (or both).

(4) The second condition is that either of the following applies in relation to the building—

(a)it is managed by a private registered provider of social housing;

(b)it is not operated on a commercial basis and its costs of operation are provided whole or in part by a government department or agency, or by a local authority; or

(c)it is managed by a voluntary organisation or charity.

(5) In this paragraph “refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of —

(a)controlling, coercive or threatening behaviour;

(b)physical violence;

(c)abuse of any other description (whether physical or mental in nature); or

(d)threats of any such violence or abuse.

(6) In this paragraph “government department” includes any body or authority exercising statutory functions on behalf of the Crown.

(7) In this paragraph “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.

Care homes_I19

6.—(1) A tenancy that grants a right of occupation in a care home.

(2) In this paragraph “care home” has the meaning given in section 3 of the Care Standards Act 2000 ( 12 ).

Hospitals and hospices_I20

7.—(1) A tenancy that grants a right of occupation in a hospital or hospice.

(2) In this paragraph “hospital” has the meaning given in section 275 of the National Health Service Act 2006 ( 13 ).

(3) In this paragraph “hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons who are suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision_I21

8.—(1) A tenancy—

(a)under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment; and

(b)which is not excluded by another provision of this Schedule.

(2) In this paragraph “relevant NHS body” means—

(a)[^F30 an integrated care board^F30] ; or

(b)[^F31 NHS England^F31] .

(3) In this paragraph “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 ( 14 ).

[^F32Moveable structures, vehicles and vessels

9. A tenancy that grants a right of occupation in a moveable structure, vehicle or vessel.^F32]

Regulation 12

SCHEDULE 2 Procedure for and appeals against financial penalties

Notice of intent_I22

1. —(1) Before imposing a financial penalty on a [^F33 private landlord ^F33][^F33 landlord ^F33] for a breach of a duty under regulation 3 [^F34 , 3B, 3C or 3D ^F34] , a local housing authority must serve a notice on the [^F33 private landlord ^F33][^F33 landlord ^F33] of its intention to do so (a “notice of intent”).

(2) The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority is satisfied, in accordance with regulation 11, that the [^F33 private landlord ^F33][^F33 landlord ^F33] is in breach (“the relevant day”), subject to sub-paragraph (3).

(3) If the breach continues beyond the end of the relevant day, the notice of intent may be served—

(a)at any time when the breach is continuing; or

(b)within the period of 6 months beginning with the last day on which the breach occurs.

(4) The notice of intent must set out—

(a)the amount of the proposed financial penalty;

(b)the reasons for proposing to impose the penalty; and

(c)information about the right to make representations under paragraph 2.

Right to make representations_I23

2. The [^F33private landlord^F33][^F33 landlord^F33] may, within the period of 28 days beginning with the day after that on which the notice of intent was served, make written representations to the local housing authority about the proposal to impose a financial penalty on the [^F33private landlord^F33][^F33 landlord^F33] .

Final notice_I24

3.—(1) Within 28 days of the end of the period mentioned in paragraph 2 the local housing authority must—

(a)decide whether to impose a financial penalty on the [^F33private landlord^F33][^F33 landlord^F33] ; and

(b)if it decides to do so, decide the amount of the penalty.

(2) If the authority decides to impose a financial penalty on the [^F33 private landlord ^F33][^F33 landlord ^F33] , it must serve a notice on the [^F33 private landlord ^F33][^F33 landlord ^F33] (a “final notice”) imposing that penalty.

(3) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was served.

(4) The final notice must set out—

(a)the amount of the financial penalty;

(b)the reasons for imposing the penalty;

(c)information about how to pay the penalty;

(d)the period for payment of the penalty;

(e)information about rights of appeal; and

(f)the consequences of failure to comply with the notice.

Withdrawal or amendment of notice_I25

4.—(1) A local housing authority may at any time—

(a)withdraw a notice of intent or final notice; or

(b)reduce the amount specified in the notice of intent or final notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the [^F33private landlord^F33][^F33 landlord^F33] on whom the notice was served.

Appeals_I26

5.—(1) A [^F33private landlord^F33][^F33 landlord^F33] on whom a final notice is served may appeal to the First-tier Tribunal against—

(a)the decision to impose the penalty; or

(b)the amount of the penalty.

(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was served.

(3) If a [^F33private landlord^F33][^F33 landlord^F33] appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

(4) An appeal under this paragraph—

(a)is to be a re-hearing of the local housing authority’s decision; but

(b)may be determined having regard to matters of which the authority was unaware when it made that decision.

(5) On an appeal under this paragraph the First-tier Tribunal may confirm, quash or vary the final notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than [^F35£30,000^F35][^F35 £40,000^F35] .

Recovery of financial penalty_I27

6.—(1) This paragraph applies if the [^F33private landlord^F33][^F33 landlord^F33] does not pay the whole or any part of a financial penalty which, in accordance with this Schedule, the [^F33private landlord^F33][^F33 landlord^F33] is liable to pay.

(2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which—

(a)is signed by the chief finance officer of the local housing authority which imposed the penalty; and

(b)states that the amount due has not been received by a date specified in the certificate

is conclusive evidence that the amount has not been received by that date.

(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed, unless the contrary is proved.

(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989 ( 15 ).

Proceeds of financial penalties_I28

7.—(1) Where a local housing authority imposes a financial penalty under these Regulations, it may apply the proceeds to meet the costs and expenses incurred in, or associated with, carrying out any of its enforcement functions in relation to [^F36the private rented sector^F36][^F36 rented housing^F36] .

(2) Any part of any financial penalty recovered which is not to be applied in accordance with sub-paragraph (1) must be paid into the Consolidated Fund.

(3) In sub-paragraph (1)—

“enforcement function” means, in relation to a local authority—

“ [^F37 private rented sector ^F37][^F37 rented housing ^F37] ” means—