Issue - meetings
Recommendations from the Executive Cabinet
Meeting: 03/11/2021 - Council (Item 52)
52 Recommendations from the Cabinet 
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To consider the recommendations from the meeting of the Cabinet held on 20th October 2021.
Minutes:
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
The Portfolio Holder for Finance and Enabling Services presented a report on the subject of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Members were advised that this recent legislation introduced a requirement for all privately rented properties to have an electrical installation safety check every 5 years, similar to the requirement already applicable to Houses of Multiple Occupation (HMOs). Under the terms of the legislation, landlords were required to have undertaken a safety check by 1st April 2021. Where the safety check identified any failure of electrical safety standards, the landlord was required to notify the local authority, to provide a copy of the report and to submit evidence demonstrating that they had addressed the issues within 28 days of the failures being identified. Members were informed that, to date, this appeared to be taking place as required.
The legislation included the provision to impose penalty charges for non-compliance by landlords in addition to the local authority undertaking work in default if necessary. The penalty charge structure that had been proposed by Officers would be for landlords to pay £1,000 for a first offence and £3,000 per offence for any subsequent offences. This penalty charge structure had been determined in conjunction with other Worcestershire authorities as a level sufficient to present a deterrence to non-compliance but unlikely to justify an appeal. Members were advised that the Government had set a maximum charge that could be levied in instances where a portfolio landlord who would be expected to be informed of statutory standards applying to rented accommodation, or engaging reputable agents for managing their properties, had consistently failed to address electrical safety in a number of their properties. The fee proposed for subsequent offences by Officers would be proportionate in cases involving a single property or a small portfolio landlord failing in his or her legal duties and who were less likely to risk further breaches.
The recommendation detailed in the report was proposed by Councillor G. Denaro and seconded by Councillor M. Sherrey.
Members subsequently discussed the report and in so doing welcomed the introduction of a change in legislation that would have a positive impact on the safety of tenants in the private rented sector.
During consideration of this item, an amendment was proposed by Councillor R. Hunter which was seconded by Councillor S. Robinson. The amendment was as follows:
“Instead of capping the penalty for second offences at £3,000 the Council should set a cap of £29,000.”
In proposing the amendment, Councillor Hunter explained that he was concerned that Officers were proposing to cap the charge for later offences at £3,000 when the legislation permitted Councils to charge up to £30,000. The charges would be levied against landlords who had been found guilty of serious breaches of electrical safety standards. This had implications for the safety of tenants in their homes. Councillor Hunter commented that a recent National Housing ... view the full minutes text for item 52