The penalties for failing to comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are severe and are enforced by local housing authorities.
Financial Penalties
First offence
Financial penalty
Up to £30,000Per breach
Each property, each failure is a separate breach
Up to £30,000Repeated non-compliance
Persistent failure after penalty notice
Criminal prosecution possibleEach breach is a separate offence. A landlord with 10 properties who fails to obtain EICRs for any of them could face penalties of up to £300,000. The local authority can also arrange for the inspection and remedial work to be carried out themselves and recover the cost from the landlord, plus an administration charge.
Beyond the financial penalties, non-compliance can affect the landlord's ability to serve a Section 21 (no-fault) eviction notice. If the landlord has not complied with the electrical safety regulations, a Section 21 notice may be invalid. This gives the tenant a defence against eviction, which can delay possession proceedings significantly.
Local authorities are increasingly active in enforcing these regulations. Many have dedicated teams that proactively audit landlord compliance, particularly in areas with high proportions of private rented housing. Some authorities use data from tenancy deposit schemes, council tax records, and housing benefit records to identify rented properties and check compliance.