Private Sector Housing Civil Financial Penalty Policy

Financial Penalties under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

The Council would view the seriousness of the offence of failing to comply with (3)(b), 3(d) or 3(e) of Regulation 3 of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 as a Mild matter, attracting a financial penalty with a starting level of £2500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £2000, attracting a civil penalty of £500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £2500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and/or three or more HMOs and/or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £2000, attracting a civil penalty of £4500.

Aggravating features/factors specific to Electrical Safety Regulations breaches of duty;

• the number and, or nature and, or extent of the Electrical Safety Regulation breach(es) within each sub-regulation
• using an unqualified person lacking appropriate certification to carry out inspection, testing, investigative or remedial work

Generic aggravating features or factors;

• as set out under 'Failure to comply with an Improvement Notice' above