The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 come into force on 1st June 2020 and apply to all new tenancies from 1st July 2020 and all existing tenancies from 1st April 2021.

Overview

Landlords must ensure that the standards for electrical installations in the eighteenth edition of the Wiring Regulations are met during any period when the residential premises are occupied under a tenancy.

First Inspection and Testing

For new tenancies (including renewals), the first inspection and test must be carried out before the tenancy commences. For existing tenancies, the first inspection and test must be carried out by 1st April 2021.

Inspection and Testing Intervals

Inspection and testing must be carried out at intervals of no more than 5 years or where the most recent inspection and test report requires inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.

Inspection and Test Reports

Landlords must:

• Obtain a report from the person conducting the inspection and test;
• Supply a copy of that report to each existing tenant of the premises within 28 days of the inspection and test;
• 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;
• 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;
• Supply a copy of the most recent report to any new tenant before the tenant occupies the premises;
• Supply a copy of the most recent report to any prospective tenant (1) within 28 days of receiving a request in writing for it.

Remedial Work

Where an inspection and test report indicates that an installation does not meet or potentially does not meet the standards for electrical installations in the eighteenth edition of the Wiring Regulations and the report requires further investigative or remedial work, landlords must (2):

• Ensure that the investigative or remedial work is carried out within 28 days or the period specified in the report if less than 28 days, starting with the date of the inspection and testing.
• Obtain written confirmation from a qualified person that the further investigative or remedial work has been carried out and that the standards for electrical installations in the eighteenth edition of the Wiring Regulations are met or further investigative or remedial work is required.
• Supply that written confirmation, together with a copy of the report 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;
• Supply that written confirmation, together with a copy of the report 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.
• Where further investigative work is carried out is that further investigative or remedial work is required, the must repeat the steps above in respect of that further investigative or remedial work.

1. A prospective tenant is a person who requests information about the premises, makes a request to view the premises or makes an offer to rent those premises.
2. According to the UK government guide for landlords, further remedial work is not required for observations with Classification Code C3.

Further Reading

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Guide for landlords: electrical safety standards in the private rented sector

Common Law

• * The minimum period for a notice to quit is a complete period of the tenancy
• * The notice period must end on the last day of a period of the tenancy
• * A notice that expires on the first day of a period of the tenancy has the same effect as a notice ending on the previous day

Statute

• * A notice must be in writing
• * A notice must be given not less than 4 weeks before the date on which it is to take effect

Case Law

• * If the period of the tenancy is longer than 4 weeks, the notice period is equivalent to the period of the tenancy, except for yearly periodic tenancies where the notice period is six months
• * Once served a notice cannot be withdrawn
• * In calculating the notice period, the day on which a notice is served is included but the last day referred to in the notice is not. For example, a notice served on a Tuesday that expires on a Tuesday four weeks later would comply with the four weeks’ notice requirement.
• * A notice must expire on either the first or last day of a period of the tenancy. For example, a notice served on the first of a month to end a monthly tenancy that began on the first of January could expire on the first day of a whole period of the tenancy, i.e. the first of February. It could not expire on the last day of the period, i.e 31 January, because that would not constitute a full monthly period of notice (it would be short by one day).
• * A notice that includes an appropriately worded ‘savings clause’ will be valid

Editors Note: There is no rule of law that requires a tenant to give notice to end a fixed term tenancy. The now withdrawn guidance on unfair terms in tenancy agreements published by the Office of Fair Trading in September 2005 stated:

‘A fixed term tenancy comes to an end when the fixed term runs out and a tenant does not have to give notice to end it.‘

The guidance implied any clauses requiring a tenant to give notice to end a fixed term tenancy is a misleading termination clause.

The same guidance objects to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term.

Editors Note: We are not aware this particular guidance has ever been tested in court. The same guidance suggests landlords should serve a notice requiring possession if they want to make it clear they want to end the tenancy at the end of the fixed term. This is not a very elegant solution. Aside from the complexities of such notices it would create uncertainty for the tenants having been served with a ‘sword of Damocles’ notice so early in a tenancy. A tenant notifying the Landlord they plan to end the tenancy at the end of the fixed term is a reasonable courtesy.

Contract

* A tenancy agreement may require the tenant to give a longer period of notice.

Almost 12 million households in the UK own a pet so you could question why a landlord would exclude such a large proportion of the population by stipulating ‘no pets’ when they advertise their property for rent.

Traditionally many landlords have recognised how widespread pet ownership is and how tenants with pets can make good long-term tenants. Pets are often welcomed by landlords subject to certain conditions including payment of a higher deposit and an agreement that the tenant would have the carpets professionally cleaned at the end of the tenancy.

The arrival of the Tenant Fees Act on 1st June 2019 is a game-changer and is likely to have a negative effect on tenants with pets. Three parts of the Act that will have an effect on tenancies with pets are:

1. Tenancy Deposits are now capped at 5 weeks rent – landlords can no longer require a tenant pays a tenancy deposit higher than 5 weeks rent.

2. A landlord must not require the tenant enters into a contract for the provision of a service with a third party in connection with a tenancy – landlords can no longer require a tenant to enter into a contract with a vet, pest controller or cleaner.

3. A landlord must not require the tenant enters into a contract for insurance with a third party in connection with a tenancy – landlords can no longer require a tenant to have tenant liability insurance or third party liability insurance for their pet.

Likely Outcome

1. Landlords are less likely to let their property to tenants with pets – the changes the Act brings will be perceived to expose landlords to higher risk and cost so many landlords will simply advertise their properties as ‘no pets’. For those landlords who never welcomed tenants with pets their stance will harden and more than ever these landlords will refuse to consider tenants with pets.

2. Higher rents – of those landlords who welcomed pets in the past many (but not all) will continue to do so ‘subject to negotiation’ and landlords will expect tenants with pets to offer and pay a higher rent to cover three things:

• Treating the property for fleas and other parasites at the end of the tenancy
• Cleaning the flooring and soft furnishings at the end of the tenancy
• Additional rent in lieu of the additional tenancy deposit (pet deposit) previously collected to cover any damage caused by the pet

A few points of note on this:

• 9% of the UK population have a pet allergy. 1 in 4 cats and 1 in 7 dogs are carrying fleas, and about 11 per cent of these fleas are infected with potentially pathogenic bacteria (Bartonella). For the sake of the health of the next occupier of their property landlords can only hope, but cannot require, outgoing tenants will treat the property for fleas and other parasites and clean the flooring and soft furnishings so will need to take responsibility for this. The only way to legally recover the cost of this is to charge tenants with pets a higher rent.

• The cost of the flea treatment and cleaning will reasonably need to be collected during the term certain for the tenancy (fixed term of the tenancy). Under the Act landlords cannot charge a higher rent for a period at the start of the tenancy and reduce the rent for a later period in the tenancy. The larger the property and the shorter the fixed term, the higher the premium will be and with most tenancies continuing beyond the fixed term, tenants with pets will ultimately be paying more in increased rent than the cost of the fees they paid before the Act became law. Good news for landlords, bad news for tenants with pets.

• Landlords will need to ensure, and make it clear, tenants are paying a ‘higher rent’ and not a ‘pet fee’ or ‘pet deposit’ as these fees or deposits are prohibited under the Act.

• Section 13 rent increases during a tenancy for which a tenant is paying a premium rent could prove to be awkward as tenants could challenge the increase on the grounds that the rent is unreasonable and a rent above market value may be considered unreasonable by a tribunal. A possible workaround for landlords is to include a rent review clause in the tenancy agreement. Rent review clauses apply to fixed term tenancies and contractual periodic tenancies only.

Further Reading

1 in 4 cats and 1 in 7 dogs carrying fleas with high levels of bacteria, finds Big Flea Project (Bristol University)