The Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025
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Change 1
5 Amendment of Part 2
(1) For the heading to Part 2 substitute— Duties of landlords in relation to electrical installations etc. . (2) For the title to regulation 3 substitute— Duties of landlords in relation to electrical installations etc. . (3) In regulation 3 (duties of landlords in relation to electrical installations)— (a) for paragraph (1)(c) substitute— (c) ensure every electrical installation in the residential premises is inspected and tested by a qualified person before the specified tenancy commences. ; (b) in paragraph (2)(b), for “to be at intervals” to the end substitute “to take place by an earlier date, no later than that date.”; (c) after paragraph (2) insert— (2A) A landlord is not to be taken to be in breach of a duty under paragraph (1) if the landlord can show they have taken all reasonable steps to comply with that duty. (2B) For the purposes of paragraph (2A), where a landlord, or a person acting on behalf of a landlord, is prevented from entering the residential premises to which the duty under paragraph (1) relates by a tenant of those premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with that duty solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises. ; (d) in paragraph (3)(a), for the words from “gives” to the end substitute— — (i) gives the results of the inspection and test and the date by which the next inspection and test is required; and (ii) where the landlord is a registered provider that provides relevant equipment in the residential premises to which the report relates, states whether the checking required by regulation 3B(1) is up to date for each item of such equipment that has been identified in information supplied under regulation 3D; ; (e) after paragraph (3)(c) insert— (ca) retain a copy of that report until the later of— (i) the date by which the next inspection and test is required under sub-paragraph (1); and (ii) the date on which the next inspection and test is conducted, unless it is superseded by a more recent report under sub-paragraph (3)(a); ; (f) for paragraph (3)(d) substitute— (d) supply a copy of that report to the person carrying out the next inspection and test under paragraph (1); and ; (g) in paragraph (3)(e)(i), for “of the specified tenancy” insert “under a specified tenancy of premises”; (h) in paragraph (3)(e)(ii), after “any prospective tenant” insert “under a specified tenancy of premises to which the report relates”; (i) after paragraph (6) insert— (6A) Paragraphs (2A) and (2B) apply in relation to a duty under paragraph (4) and (6) as they apply in relation to a duty under paragraph (1). ; (j) omit paragraph (7); (k) at the end insert— (8) In this regulation— “qualified person” means a person competent to undertake the inspection and testing required under paragraph (1) and any further investigative or remedial work in accordance with the electrical safety standards; “up to date” means, in relation to the checking of an item of relevant equipment, that the date given in the most recent ISIT record (within the meaning of regulation 3A(2)) for the item of relevant equipment as the date by which the next inspection and test must take place has not passed. .
5 Amendment of Part 2
(1) For the heading to Part 2 substitute— Duties of landlords in relation to electrical installations etc. . (2) For the title to regulation 3 substitute— Duties of landlords in relation to electrical installations etc. . (3) In regulation 3 (duties of landlords in relation to electrical installations)— (a) for paragraph (1)(c) substitute— (c) ensure every electrical installation in the residential premises is inspected and tested by a qualified person before the specified tenancy commences. ; (b) in paragraph (2)(b), for “to be at intervals” to the end substitute “to take place by an earlier date, no later than that date.”; (c) after paragraph (2) insert— (2A) A landlord is not to be taken to be in breach of a duty under paragraph (1) if the landlord can show they have taken all reasonable steps to comply with that duty. (2B) For the purposes of paragraph (2A), where a landlord, or a person acting on behalf of a landlord, is prevented from entering the residential premises to which the duty under paragraph (1) relates by a tenant of those premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with that duty solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises. ; (d) in paragraph (3)(a), for the words from “gives” to the end substitute— — (i) gives the results of the inspection and test and the date by which the next inspection and test is required; and (ii) where the landlord is a registered provider that provides relevant equipment in the residential premises to which the report relates, states whether the checking required by regulation 3B(1) is up to date for each item of such equipment that has been identified in information supplied under regulation 3D; ; (e) after paragraph (3)(c) insert— (ca) retain a copy of that report until the later of— (i) the date by which the next inspection and test is required under sub-paragraph (1); and (ii) the date on which the next inspection and test is conducted, unless it is superseded by a more recent report under sub-paragraph (3)(a); ; (f) for paragraph (3)(d) substitute— (d) supply a copy of that report to the person carrying out the next inspection and test under paragraph (1); and ; (g) in paragraph (3)(e)(i), for “of the specified tenancy” insert “under a specified tenancy of premises”; (h) in paragraph (3)(e)(ii), after “any prospective tenant” insert “under a specified tenancy of premises to which the report relates”; (i) after paragraph (6) insert— (6A) Paragraphs (2A) and (2B) apply in relation to a duty under paragraph (4) and (6) as they apply in relation to a duty under paragraph (1). ; (j) omit paragraph (7); (k) at the end insert— (8) In this regulation— “qualified person” means a person competent to undertake the inspection and testing required under paragraph (1) and any further investigative or remedial work in accordance with the electrical safety standards; “up to date” means, in relation to the checking of an item of relevant equipment, that the date given in the most recent ISIT record (within the meaning of regulation 3A(2)) for the item of relevant equipment as the date by which the next inspection and test must take place has not passed. .
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