Section 123 — Housing and Planning Act 2016: Electrical safety standards: enforcement

Electrical safety standards: enforcement 123 1 Regulations under section 122 may provide for covenants to be implied into a tenancy.

2 Regulations under that section—

a may make provision about the enforcement of a duty imposed by the regulations;

b may confer functions on a local housing authority in England.

3 The provision that may be made about enforcement includes provision—

a requiring a landlord who fails to comply with a duty imposed by the regulations to pay a financial penalty (or more than one penalty in the event of a continuing failure);

b conferring power on a local housing authority to arrange for a person to enter on the premises, with the consent of the tenant, to remedy any failure by the landlord to comply with a duty imposed by the regulations.

4 The provision that may be made in reliance on subsection (3)(a) includes provision—

a about the procedure to be followed in imposing penalties;

b about the amount of penalties;

c conferring rights of appeal against penalties;

d for the enforcement of penalties;

e about the application of sums paid by way of penalties (and such provision may permit or require the payment of sums into the Consolidated Fund).

5 The provision that may be made in reliance on subsection (3)(b) includes provision—

a about procedural matters;

b enabling a local housing authority to recover from the landlord any costs incurred by it in remedying the failure;

c about the application of costs recovered (and such provision may permit or require the payment of sums into the Consolidated Fund).

6 In this section “ local housing authority ” has the meaning given by section 1 of the Housing Act 1985.