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Landlord Legal Issues - April 2021

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. I have been trying to get an electrical inspection done at my rented property but have had great difficulty in finding an electrician to do it.  The only time I was able to arrange an appointment my tenant told me she was shielding and that we could not have access. Will I now have to pay a fine?

A. These regulations came into force for all tenancies on 1 April 2021, they have been in force for new tenancies since 1 July 2020. The various landlord and letting agent organisations have made representations to the government asking them to put back the start date for existing tenancies due to the problems being experienced by landlords due to COVID. However, the government refused saying that landlords and agents have known the new regulations are coming for several years and have had plenty of time to comply.

Notwithstanding this, the authorities have been asked to take a pragmatic approach to enforcement in view of the pandemic. Note also that you are not automatically liable for a fine for failure to comply, but only if your Local Authority decide to take enforcement action against you.

Most Local Authorities are very stretched, many have staffing issues and so if (should they contact you about this) you can show that you have made all the efforts you can, they are unlikely to take enforcement action, particularly if you can show that you have an inspection pending.

My best advice therefore is for you to keep proper records of all your attempts to find an electrician to carry out the work, and also of any occasions where your tenants refused entry. For example, tag all emails so you can find them easily or put them in a special folder, and keep a diary setting out all your contacts with electricians and their response.  

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