Under the Electrical Equipment (Safety) Regulations 1994, any electrical equipment and products which are supplied to the Tenant in a property have to be safe. Whereas within the Gas Safety Regulations it is a mandatory requirement for the gas equipment to go through safety testing, however you still have a proper responsibility, duty of care, to ensure that the electrical equipment are fit for use and safe.
Here are some guidelines that apply to all electrical appliances supplied for the tenancy:
• live parts should not be accessible; • multiple plug sockets and trailing leads are to be avoided;• plug sockets should always be firmly fastened to the wall or skirting boards; • all plugs must be Industry Safety Standard (marked ‘B SECTION 136’) correctly fitted and fused; • leads should not be worn or frayed and be 'whole' without any joins;
• if there are any moving parts then these should be properly protected and guarded; • electrical heaters and central heating appliances are serviced each year;
• electric blankets should be serviced following the manufacturer’s instructions; • washing machines, cookers, etc, should be serviced and in good working order;
• microwaves, including their doors are clean, free from corrosion and are in proper working order;• fireguards are required to meet BS3248; and
• any fire extinguishers should be marked ‘BS6575 1985’.
It is not a compulsory requirement for the electrical equipment to be checked and there are not any regulations that tell you how often the electrical appliances and supply must be checked.We cannot state strongly enough that it is in every Landlords' best interests to make sure that all electrical appliances and electrics (wiring, plugs and sockets, etc), should be properly inspected and checked before every new tenancy starts, (after all the previous occupiers may not have been safety conscious in their habits)and then at regular timed intervals throughout the years.
Landlords or Agents who are found guilty of not following these regulations can expect to face severe penalties with heavy fines and it may also lead to imprisonment.
Landlords and/or Agents who can prove that all the necessary and ‘reasonable’ steps had been taken and that all due diligence, to avoid committing an offence and also by rectifying any problems that they have been made aware of, will help avoid a possible prosecution.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.