• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.

Housing and Planning Act 2016

  • Filter
  • Time
  • Show
Clear All
new posts

  • Housing and Planning Act 2016


    Housing and Planning Act 2016

    We wrote about the Housing and Planning Bill last month but it has subsequently received Royal assent and is now officially the Housing and Planning Act 2016. All kinds of secondary legislation will need to be passed before it is in force, which incidentally is expected to be April 2017. So no need to fret just yet!

    A warning however, the delay in the enforcement of the Act, could lead to further legislative changes. The Act has been very slow in publication but is now available.

    Electrical Safety Standards

    The Secretary of State will have the power to pass regulations placing a positive obligation on Landlords to ensure that electrical safety standards are met during any tenancy term. These ‘electrical safety standards’ relate to the installation of the electrical supply and the electrical fixtures and fittings or appliances that the Landlord may have supplied.

    In order to satisfy this obligation a Landlord will be required to instruct an expert (we assume an electrician) to ensure that the ‘electrical safety standards’ are met. These tests may be required annually and may obligate the Landlord to provide a copy of the expert’s certificate to the Tenant. However, until the Secretary of State has passed the regulation, we will not know the extent of the obligations.

    Landlords who fail to comply with the ‘electrical safety standards’ could face a financial penalty and with the Tenant’s consent, the local authority may enter the rented property and remedy any electrical safety failure.

    In essence, the provisions appear to be making fixed wiring and PAT tests a legal requirement for Landlords.

    Client money protection schemes for property agents

    The Secretary of State will also have the power to pass regulations placing a positive obligation on property agents to become members of a private or government client money protection scheme. The reference to client money would include deposits and rent held by lettings agents on behalf of Tenants and Landlords.

    Property agents who fail to comply with this provision could face a financial penalty determined by the Secretary of State and enforced by local authorities.

    It remains to be seen to what extent the electrical changes will impact Landlords. They could be arranged in such a way that significant upgrades to electrical installations are required but are more likely to be targeted at specifically dangerous items.

    Client money protection schemes have been called for, for a long time and will be a welcome addition for most Landlords and Tenants who generally already believe that it is a requirement.

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    Tags: None


No announcement yet.

upgrade to vip

Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

only £15/yr

Offers available. No subscription traps.

sign up now

Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

make a complaint

Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm