Electrical Safety (Private Rented Sector)

Andrew Smith Excerpts

Wednesday 18th December 2013 Westminster Hall

[Mike Thornton]

I thank my right hon. Friend for that intervention and I entirely agree with him. When I used to work in various offices, everything had to be subjected to portable appliance testing to safeguard me as a worker. It seems a bit unfair that people living in properties should not be protected in the same way. His point is a very good one.

[Mr Andrew Smith (Oxford East) (Lab)]

I also congratulate the hon. Gentleman on securing this debate. My constituency has one of the highest proportions of private rented sector accommodation and so I take a close interest in this issue. Further to the point made by the right hon. Member for Sutton and Cheam (Paul Burstow), does the hon. Gentleman agree that where houses are in multiple occupation the sort of licensing regime that there is in Oxford, which requires inspection, has a very useful role to play in promoting safety?

[Mike Thornton]

I entirely agree with the right hon. Gentleman. That is one of the points that I was going to make. Houses in multiple occupation are covered, but other sorts of rented property are not. That is a very good point indeed and I thank him for making it.

When I was a student in Manchester in 1972—I know that is going back a fair way—I entered the house in Whalley Range where I had my digs and a loud hum could be heard. It was coming from the fuse-box situated near the front door. As I was curious, one day I looked inside. The reason for the noise was clear—in place of fuses, there were several three-inch nails. Until very recently, I assumed that nothing like that could happen today. As we have already heard, however, according to Government statistics the cause of more than half of all accidental fires in homes is electrical. Tragically, last year 25 people died in fires that started because of an electrical fault, and we also know that other people have been electrocuted. However, current rules mean that landlords are under no obligation to provide tenants with electrical safety certificates. They do not even have to prove when the electrics were last tested unless their properties are registered as shared houses, as the right hon. Member for Oxford East (Mr Smith) mentioned. That is despite the fact that a gas safety certificate is required.

The problem with electricity is that very often faults are not visible. Unlike a gas leak, someone cannot smell an electrical fault. This means that it is possible for properties to be rented with dangerous or faulty electrics that neither the landlord nor the tenant are aware of until it is too late, which can mean the loss of a loved one. “Too late” is just not good enough. Luckily, Mr Parker, my constituent, who raised this issue with me, was aware of problems in his rented property. He was seriously concerned about the electrics in his rented house in Eastleigh and came to me. He showed me alarming pictures of exposed wiring that quite frankly looked like a death-trap. Shockingly, there was loose wiring, some of it in close proximity to water. This was self-evidently not a new problem. If it had been and if his landlord had immediately taken action, as a responsible landlord would do, none of this would have come to my attention. But unbelievably Mr Parker’s landlord would rather run the real risk of injury or death to his tenant and damage to his property than repair the defects.

Of course, on hearing Mr Parker’s concerns one of my first reactions was to ask if he had any kind of electrical safety certificate for the property. Imagine my shock when I discovered that, under the current regulations, landlords do not have to certify the safety of the electrics in a rented property in any way. As a result, the judgment of what is classed as safe comes down to a personal opinion rather than scientific fact. Gas safety testing is mandatory on a yearly basis. Both gas and electricity are dangerous if there is a fault. So we apparently believe in protecting tenants and their neighbours from fire and injury caused by gas, but fire and injury caused by electricity is fine. Of course, if someone is renting a room in a house of multiple occupation, or in a hotel or bed and breakfast, electrical checks are required, meaning that if someone is staying in a hotel or renting a bedsit they are safer than they would be in their own home.

It is evident that current laws are just not up to scratch. The Landlord and Tenant Act 1985, and the housing health and safety rating system brought in under the Housing Act 2004, have proven to be inadequate, mainly because they neither protect the landlord nor the tenant against unknown faults. The law assumes that the tenant is aware of faults. When I moved into my house in Bishopstoke in 1994, all the electrics looked perfect. However, an electrical safety check showed up several worrying faults that could have had tragic consequences. Needless to say, they were repaired. A simple five-yearly check, similar to the gas safety check that landlords must carry out on a yearly basis, would ensure that tenants and landlords are protected against such risks.

As hon. Members are surely aware, the Communities and Local Government Committee agrees that a change in the law is needed. In its latest report on the private rented sector, which was published in July, the Committee recommended that the Government develop an electrical safety certificate and legislate to ensure that landlords carry out full wiring checks every five years. This recommendation is backed by the Electrical Safety Council, the Chartered Institute of Environmental Health, the National Private Tenants Organisation, the Residential Landlords Association and the National Association of Professional Inspectors and Testers, an electrical certification body. However, the Government have rejected this proposal, arguing that it would increase red tape. Their response reads:

“The ESC recommends that safety checks are carried out every five years and we think that strikes the right balance between having safeguards in place to protect the tenant and avoiding regulating the sector”.

There is red tape and then there are regulations that save lives; a £200 five-yearly safety check is definitely the latter.

Any administrative aspect of electrical certification could be minimised by including such documentation alongside existing gas installation work. Most qualified gas engineers are also qualified electrical engineers. It is also important to remember that the introduction of the type of measures proposed in the Select Committee’s report would protect not only tenants but landlords. Accidental landlords, such as those people who inherit a property, are very often unaware of their obligations. Indeed, a study by the ESC showed that almost half of all landlords and tenants admitted that they had no idea who was responsible for electrical safety. Therefore, landlords are exposing themselves to significant financial risks, from fines and invalidated insurance, by not meeting their electrical safety obligations. That is not to mention their conscience if a tenant is injured or killed by an electrical fault in their property, which could result in a lifetime’s burden of guilt.

One of the last points that I want to make is a wider point about tenants having the confidence to complain about such important issues as electrical safety. Both the ESC and Shelter have significant concerns about the power imbalance between tenants and landlords. I welcome the recent announcement from the Department for Communities and Local Government that it will be looking into the possibility of restricting the use of section 21 eviction orders that apply to assured shorthold tenants following the receipt of such a complaint. I have been made aware of instances where a tenant has been issued with a section 21 eviction notice simply for identifying a hazard. I am sure that the Minister will agree that that is completely unacceptable.

For the sake of the 1.3 million renters that the ESC estimates are currently waiting for electrical issues to be resolved, I ask the Government to review the current legislation before another entirely preventable tragedy wrecks another life.