Compliance – how staying on top of your responsibilities could avoid five-figure penalties
With a UK landlord fined £10,000 last month for failing to provide a satisfactory Electrical Installation Certificate James Kent, the NRLA’s Chief Innovation Officer and founder of the digital compliance platform Safe2, explains how the platform could help protect you from hefty penalties.
A Hastings landlord is counting the cost after failing to provide their local authority with an essential safety certificate – a timely reminder to make sure you’re up-to-date with all your safety certificates.
What happened?
Hastings Borough Council had requested that the landlord in question provided the Electrical Installation Certificate, which shows electrical safety standards are met within a property – something required by law.
The council – which did not name the landlord – then took action after they failed to so, with the landlord’s subsequent appeal to the First Tier Tribunal (Property Chamber) struck out for failing to comply with directions given by the tribunal.
What does the law say?
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were introduced to ensure electrical safety standards are met in properties in the private rented sector.
They cover a range of issues including:
- how and when checks or electrical installations are carried out
- who may carry out checks and that certificates are provided confirming that standards have been met.
Landlords need to have the electrical installations in their properties inspected at least every five years and tested by a person who is qualified and competent. Landlords also have to provide a copy of the electrical safety report to their tenants as well as to the local authority if requested.
The Local Housing Authority has the regulatory duties and powers to ensure compliance with these regulations and failure to comply can attract a financial penalty of up to £30,000.
How can I protect myself?
Part of the NRLA family, Safe2 is a one-stop-shop for all things compliance, allowing you to order any required safety certificate with just a click of a button.
Safe2 will seamlessly organise the inspection and arrange the date with either the tenant or letting agent and keep you updated along the way.
Vitally, it will also send alerts when documents are due to expire, organising inspections and repairs and issuing certificates.
Reacting to news of the fine, Councillor Glenn Haffenden, lead councillor for housing and community wellbeing at Hastings Council said: “Our team of officers will engage with landlords where appropriate to achieve compliance.
“However, where this is not appropriate or engagement is not forthcoming, we will not hesitate to take proportionate enforcement action. This protects occupiers but also helps to support a level playing field for those landlords who do comply with their duties and responsibilities."
While we at the NRLA cannot comment on the specific circumstances of the case, or the reason the landlord was unable to provide the certificate when asked, we know landlords, especially those with busy lives, have to balance a huge variety of responsibilities, especially when it comes to compliance.
Safe2 is one way of lightening the load – giving you the peace of mind that whatever else is going on, you are meeting your commitments when it comes to keeping your rental homes compliant and your tenants safe.
For more information on Safe2 and its services visit nrla.org.uk/safe2
