Jungle Property Blog

  • What the Electrical Equipment (Safety) Regulations 2016 mean for landlords

    The Electrical Equipment (Safety) Regulations 2016 were enacted on 8 December 2016 and impose statutory duties on distributors of electrical equipment. Landlords who supply electrical equipment to tenants for their use are, consistent with the definition in the regulations, considered to be distributors. The regulations tighten the Electrical Equipment (Safety) Regulations 1994.


    What equipment is covered by the regulations?


    Electrical equipment for use with a voltage rating of between 50 and 1000V for alternating current and between 75 and 1500V for direct current.


    What must a landlord do?


    Before making electrical equipment available, the landlord must verify the electrical equipment:


    (i)bears the CE marking
    (ii)is accompanied by required documents*
    (iii)is accompanied by instructions and safety information in English


    In addition the landlord must verify that the manufacturer has complied with the requirements of regulation 8 (labelling of electrical equipment) and verify that the importer has complied with the requirements of regulation 18 (information identifying importer).


    * required documents means the documents that the manufacturer or importer is required to provide with the electrical equipment pursuant to regulations 8,9,18 & 19 summarised below:


    Regulation 8


    Before placing electrical equipment on the market, a manufacturer must ensure that it bears a type, batch or serial number or other element allowing its identification and ensure that it is marked with the name, registered trade name or registered trade mark of the manufacturer and a single postal address at which the manufacturer can be contacted.


    Regulation 9


    When placing electrical equipment on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in English. Such instructions and safety information must be clear, understandable and intelligible.


    Regulation 18


    Before placing electrical equipment on the market, an importer must indicate on the electrical equipment the name, registered trade name or registered trade mark of the importer and a postal address at which the importer can be contacted.


    Where it is not possible to indicate the information specified on the electrical equipment, the importer must indicate that information on the packaging or in a document accompanying the electrical equipment.


    Regulation 19


    When placing electrical equipment on the market, an importer must ensure that it is accompanied by instructions and safety information in English.

  • Small Business, Enterprise and Employment Act 2015 and home businesses

    Home businesses are now common but until recently giving a tenant consent to operate a business from their rented home was tricky because the landlord did not want to inadvertently give the tenant a business tenancy that could be caught by Part 2 of the Landlord and Tenant Act 1954. A tenancy under those provisions can – in certain circumstances – give a tenant a right to a renewal tenancy upon expiry of their term, effectively giving a tenancy for life.


    On 1 October 2015, the Small Business, Enterprise and Employment Act 2015 was enacted and helps landlords and tenants overcome this problem.


    Home business tenancy


    Section 35 of the Small Business, Enterprise and Employment Act 2015 essentially allows a landlord to grant a “home business tenancy” and such a tenancy is specifically excluded from any protection under Part 2 Landlord and Tenant Act 1954. This applies to any new home business tenancy granted from the 1 October 2015 in England and Wales except:


    • a tenancy which is entered into before 1 October 2015
    • a tenancy which is entered into on or after 1 October 2015, pursuant to a contract made before that day; or
    • a periodic tenancy which arises at the end of the term where the original tenancy was before 1 October 2015 (where the tenancy is an assured shorthold tenancy).


    If a tenancy meets the following conditions, it will be regarded as a “home business tenancy” for the purposes of the legislation:


    • a dwelling-house is let as a separate dwelling,
    • the tenant or, where there are joint tenants, each of them, is an individual, and
    • the terms of the tenancy—
    • require the tenant or, where there are joint tenants, at least one of them, to occupy the dwelling-house as a home (whether or not as that individual’s only or principal home),
    • permit a home business to be carried on in the dwelling-house, or permit the immediate landlord to give consent for a home business to be carried on in the dwelling-house (whether that be a particular home business, a particular description of home business or any home business), and
    • do not permit a business other than a home business to be carried on in the dwelling-house.


    What is a home business?


    A “home business” is defined as:


    a business of a kind which might reasonably be carried on at home.


    But, a business is not to be treated as a home business if it involves the supply of alcohol for consumption on licensed premises which form all or part of the dwelling-house.


    There are provisions allowing regulations to be made prescribing cases in which businesses are, or are not, to be treated as home businesses. However, at the time of writing there doesn’t appear to have been any regulations made.
    Our thoughts as to what businesses could “reasonably be carried on at home” might include:


    • Web designer
    • Accountant
    • Financial advisor


    Businesses which might not be suitable could include:


    • Dentist
    • Mechanic


    Let as a separate dwelling


    Section 36(2) specifically provides that where a home business tenancy is let as a separate dwelling, that is “let as a separate dwelling” for the purposes of an assured or assured shorthold tenancy. What this effectively means is that an “assured shorthold tenancy” can also be a “home business tenancy”. They are effectively the same thing if the tenancy contains the terms mentioned earlier.


    Mixed use


    A dwelling-house which is let for mixed residential and business use is capable of being let as a dwelling for the purposes of the legislation.


    If, a dwelling-house is let together with other land, then, the following applies –


    • if the main purpose of the letting is the provision of a home for the tenant, the other land is to be treated as part of the dwelling-house, and
    • if the main purpose of the letting is not as a home, the tenancy is to be treated as not being one under which a dwelling-house is let as a separate dwelling.

  • How much time does a landlord have to carry out a repair?

    Firstly, we should remind ourselves why a landlord should carry out repairs:


    • Meet implied obligations (law)
    • Meet express obligations (tenancy agreement)
    • Preserve the landlord’s asset
    • Keep the tenant happy (a happy tenant is a good tenant)


    The longer a landlord takes to carry out a repair the more likely they are to breach their legal and contractual obligations, the more likely further damage will occur and the more likely the tenant will be unhappy.


    Law


    In O’Brien v Robinson, ante, per Lord Diplock; Calabar Properties v Stitcher [1984] 1 W.L.R. 287, per Griffiths L.J is was stated that the landlord is not liable for breach of covenant as soon as the premises are in fact out of repair. Until the landlord has notice of the disrepair no breach arises; nor does any breach arise thereafter if the landlord then carries out the necessary work of repair with reasonable expedition.


    However, it is possible for a landlord to be in breach of the duty of care imposed on him by Section 4 of the Defective Premises Act 1972, notwithstanding that no notice of the defect has been given by the tenant and notwithstanding that the landlord did not actually know of the defect. This is because it is provided that the duty is owed if the landlord knows (whether as the result of being notified by the tenant or otherwise) or if he ought in all the circumstances to have known of the relevant defect. (Defective Premises Act 1972, s.4(2).)


    Once the landlord has received notice of the disrepair, the repair must then be done within a reasonable time. ‘Reasonable time’ will be judged by several factors including the type and extent of the disrepair and the nature of the tenancy. Naturally, the bigger and more expensive the repair necessary, the longer the time that could reasonably be expected to carry out the repair. Note, however, that where the disrepair is an emergency (e.g. where the fault is a leaking or broken pipe or a total electrical failure) then ‘reasonable time’ may be very short indeed regardless of any other considerations. Even where it is something less urgent, such as missing roof tiles, the landlord should use reasonable expedience and a delay of a week or two should be achievable. Where the disrepair involves structural works, these might often take more time to arrange and co-ordinate and the landlord would be justified in a longer delay.


    In Morris v Liverpool City Council [1988] 1 E.G.L.R. 47, CA the claim that at the landlord had delayed unreasonably in failing to repair a door for six days failed.


    The nature of the occupancy or tenancy might also be a factor – in Taylor v Kowsley BC, 1985(10), a local authority tenant was awarded £100 for absence of hot water and a central ceiling light for five months. The court noted that the tenant was a young man in his 20s and implied that its decision might have been different in a case of a woman with a young family.


    In Collins v NI Housing Executive (1987) (11), a housing estate was provided with hot water and heating services through a central system. Most repairs were attended to within 24 to 48 hours. Modest damages were awarded against the landlord for a delay of four weeks in attending to a single defective radiator.


    In Lloyd v Rees (12), a landlord was informed of defects in a flat which included severe damp penetration which caused damage to the plasterwork. The court held that two months was a reasonable time to carry out re-plastering work to the affected areas.


    Secure Tenants in Local Authority Property


    Where the tenant is a secure tenant, and the landlord is a local housing authority, the tenant has a right to have specified repairs carried out within a period laid down by statutory instrument (see table below). The period begins to run when the landlord has knowledge of the need for the repair. If the landlord does not carry out repairs within that time, the tenant is entitled to compensation at a daily rate, subject to a minimum of £50. (Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 (S.I. 1994/133) amended by the Secure Tenants of Local Housing Authorities (Right to Repair) (Amendment) Regulations 1994
    (S.I. 1994/844)
    ).


    Defect – Prescribed Period in Working Days


    Total loss of electric power – 1
    Partial loss of electric power – 3
    Unsafe power or lighting socket, or electrical fitting – 1
    Total loss of water supply – 1
    Partial loss of water supply – 3
    Total or partial loss of gas supply – 1
    Blocked flue to open fire or boiler – 1
    Total or partial loss of space or water heating between 31st October and 1st May – 1
    Total or partial loss of space or water heating between 30th April and 1st November – 3
    Blocked or leaking foul drain, soil stack, or (where there is no other working toilet in the dwelling-house) toilet pan – 1
    Toilet not flushing (where there is no other working toilet in the dwelling-house) – 1
    Blocked sink, bath or basin – 3
    Tap which cannot be turned – 3
    Leaking from water or heating pipe, tank or cistern – 1
    Leaking roof – 7
    Insecure external window, door or lock – 1
    Loose or detached bannister or hand rail – 3
    Rotten timber flooring or stair tread – 3
    Door entryphone not working – 7
    Mechanical extractor fan in internal kitchen or bathroom not working – 7


    London Rental Standard


    Introduced in 2013 the London Rental Standard (LRS) was the Mayor of London’s campaign to improve private renting and promote good standards. Open to landlords and agents, it allows those that sign up to use the LRS badge, which is instantly recognisable across London as a mark for quality.


    The LRS defines response times for emergency and urgent repairs:


    • Emergency repairs: these should be dealt with or made safe as soon as practically possible and normally on the same day that a landlord is notified. Emergency repairs are defined as any defect where there is a risk of danger to the health, safety and security of the tenant or a third party on the premises, or that affects the structure of the building adversely.
    • Urgent repairs: wherever possible these should be dealt with within three working days of a landlord being notified.


    Deregulation Act 2015


    Sections 33 and 34 of the Deregulation Act 2015 includes provisions for “preventing retaliatory eviction”. In summary, the regulations prevent a section 21 (no fault two months’ notice) from being served (or render a section 21 invalid) in certain circumstances relating to Housing Health and Safety Rating System (HHSRS) hazards in a property. The HHSRS is basically a means by which a local authority may inspect any residential premises (including owner occupied) and identify hazards that might be prejudicial to a person’s health or safety (there are 29 hazards in total). A section 21 notice served in England will be invalid and any possession claim struck out where a number of conditions apply two of which are:


    1. before the section 21 notice was given, the tenant made a complaint in writing to the landlord (or to the landlord’s agent 5) regarding the condition of the dwelling-house.


    And


    2. at the time of the complaint, the landlord
    • did not provide a response to the complaint within 14 days, or
    • provided a response to the complaint that was not an adequate response, or
    • gave a section 21 notice in relation to the dwelling-house following the complaint.


    Three other conditions must apply for the section 21 to be invalid. What does this have to do with repair times? If the tenant makes a complaint about a hazard that is prejudicial to a person’s health and safety and this warrants a repair, the landlord has just 14 days to provide an adequate response.


    Jungle Property Standard


    We aim to satisfy all repair requests as quickly as is possible. Under normal circumstances the following repairs completion performance standards will be achieved:


    • Priority One – Emergency Repairs: repairs required in order to avoid anything which might be, or might reasonably be expected to become a hazard or danger to life or limb or to the fabric of the property itself – within 24 hours of report of defect. In circumstances where this is not practicable, we will make best temporary arrangements.
    • Priority Two – Urgent Repairs: repairs to defects which affect your enjoyment of the property – within five working days of report of defect.
    • Priority Three – Non-Urgent Repairs: repairs not falling within the above categories – within 28 working days of report of defect.