Electrical Safety in the Private Rented Sector
The final item of business today is a members’ business debate on motion S4M-05955, in the name of Clare Adamson, on electrical safety in the private rented sector. The debate will be concluded without any question being put.
Motion debated,
That the Parliament is committed to raising housing standards in the private rented sector (PRS), particularly with regard to electrical safety; understands that tenants in the PRS in Central Scotland and across the country are more at risk of electric shock than those in other tenures; believes that this is due to a number of factors, including poor maintenance and a lack of knowledge among landlords of their responsibilities; considers that this issue will be exacerbated if PRS tenure continues to grow without any changes to sector governance; commends the work of the Electrical Safety Council and other organisations in educating tenants and landlords about electrical safety, and, in order to protect tenants against death and injury through electric shock or fire and improve electrical safety in PRS homes, welcomes the continuation of the dialogue between the Scottish Government and the PRS, including that in relation to the forthcoming Housing Bill.
17:02
When I was first elected to North Lanarkshire Council, I was nominated to be on the Scottish Accident Prevention Council’s home safety committee. I did not have any expertise in or knowledge of the area at all, but I soon engaged with people who were expert in it. I engaged with home safety officers from across Scotland, the Royal Society for the Prevention of Accidents, home safety Scotland and the Electrical Safety Council in Scotland, and I soon learned about the many dangers that exist for people in their own homes. Obviously, the issue has become of particular concern as we move towards many people renting privately.
I vividly remember visiting an event that was hosted by Fife Fire and Rescue Service, which was then actively engaging with the Polish community in its area and offering fire safety visits. In many cases, when it visited private rented properties it became aware of poor maintenance and innovative methods of getting the electricity supply to work. Not the right plugs were used, as the people came from a different part of Europe. The service worked very hard on engaging with the community on the right of people as tenants to expect the properties in which they live to be of a reasonable and safe standard.
Recently, I hosted a round-table event in the Parliament, which was attended by fire and rescue services, the Electrical Safety Council, Select—which is the corporate organisation for electricians in the country and which accredits them—estate agents, private landlords and the City of Edinburgh Council’s housing department. All of them shared their concerns about issues to do with privately rented properties.
There is no electrical safety standard for privately rented properties, other than the expectation that good landlords should be looking after their tenants. There is a particular issue with residual current devices—or RSDs, as they are known—that can be fitted to a fuse box. That device is not available in a lot of council and other homes. It prevents an electric shock in the case of standard problems that we might imagine, such as a child putting something into a socket or an electricity surge. The device cuts off the electricity supply and prevents serious harm under those circumstances. The Electrical Safety Council has been active in promoting the fitting of the devices in all our homes, and I believe that they are available in new-build properties.
Fire safety is a huge problem in Scotland. We have one of the worst fire incident records in the European Union. The Government has tackled some of the issues. Considering the major causes of fire, we understand that alcohol and drug addiction can cause problems. A serious problem also exists from electricity fires through poor maintenance.
I commend the work that is being done on the issue across Scotland. For example, when North Lanarkshire Council trading standards looked at the statistics for people who have been burned by electric blankets that developed faults, it offered a facility for people to bring in their blankets and have them electrically tested, free of charge, at local libraries to ensure that they were not dangerous. People were then given a chance to purchase new blankets and to replace ones that were potentially harmful.
Our private tenants are in a difficult situation. It became apparent from the round-table discussion that many landlords are not registering with their local authorities. Although the good landlords are probably the ones that are registered and have bought in to the idea of ensuring the safety of tenants, we must recognise that there is an element who are not participating or conforming to what is expected of them under the legislation as good landlords.
I am pleased to bring the motion to the chamber because electrical safety in our homes is a huge issue for us all. We have benefited from the installation of smoke alarms and detectors, which have been effective in preventing house fires. However, in the private rented sector, some people—not all of them, but some of the poorer landlords—are not taking into consideration what is required.
The Electrical Safety Council has produced a leaflet for potential tenants explaining what their rights are as tenants and what is expected of them when they are looking into what is available in properties. It has brought to the fore the importance of electrical safety—from checking white goods that are in the property to looking for the RSD that would prevent a dangerous electrocution. It has also helped to raise awareness about how important electrical safety is in properties and how vulnerable some people can be. I commend it for its work on the matter.
17:09
I congratulate Clare Adamson on securing this important debate. Like her, I commend the work of the Electrical Safety Council, including its submission to the recent consultation on the private rented sector to which I will refer in a moment.
A general point to make at the beginning of the debate is that the Scottish housing quality standard has done great work for the social rented sector. We need to have, as soon as possible, a similar standard for the private rented sector. Clearly, issues to do with electricity should be an important part of that standard.
A number of striking facts come through in the Electrical Safety Council’s response to the Government consultation that I just referred to. Although praise is given for the work of the PRS strategy group thus far, the council is keen to highlight that stronger emphasis is needed on improving safety conditions within the sector and encouraging landlords and tenants to access information. As the ESC points out in its response:
“a Populus study in February 2012 found that 29% of landlords and 40% of tenants do not know who is responsible for electrical safety within their properties.”
When there is so much scope for wear and tear, particularly in properties with a high turnover of residents, there is also scope for poor maintenance and serious injury, therefore standards must be more explicit and enforcement must be more effective.
One way to ensure that standards are properly enforced is to provide a mechanism through which tenants may access support when the landlord fails to meet their pre-stated obligations. That could be done by strengthening the private rented housing panel, which was set up in the Housing (Scotland) Act 2006—with which I had a little to do. That measure is supported by the Electrical Safety Council and would go some way towards enforcing standards. The private rented housing panel already provides a vital mechanism for tenants to seek redress if their landlord fails to meet the repairing standard, but it could go much further in ensuring that the standards are more explicit and detailed. That would give out a clear message to landlords that compliance will be strictly enforced when the safety and wellbeing of tenants are put in jeopardy.
The council goes further in suggesting that it might be advisable to allow third-party referrals for tenants who might not have the confidence to come forward to the panel with a case. I am inclined to back that suggestion, as it means that the issues of those who might not complain—for whatever reason—will be acknowledged and addressed. It is important that a new strengthened private rented housing panel has the ability to process cases efficiently and quickly, ensuring that any failure to meet the repairing standard is challenged with the threat of removal from the register for landlords.
The tenant information pack could also be an important part of the way forward. The new tenant information pack, which was introduced as part of the Private Rented Housing (Scotland) Act 2011, requires that landlords provide a standard document when each lease is initiated. It was a welcome improvement. The TIP not only reinforces the responsibility of the landlord to provide clear and fair information at the commencement of a tenancy but gives residents a reference throughout their occupancy that helps them to hold landlords to account. Clear guidance such as that is essential in providing reassurance to residents, particularly if they feel that they have a case to refer to the private rented housing panel.
In the TIP, there is reference to electrical safety and to the ESC recommendations. However, little detail is given on the frequency of inspections and electrical tests. In its response to the TIP, the ESC suggested that a rule of five-yearly inspections be set, but that is not reflected in the body of the TIP as finalised by the Government. The council, in its response, suggested that the pack should include questions around that as well as specific information about portable appliance testing and residual current devices. The Scottish Government would do well to heed the advice of the Electrical Safety Council. I support all the council’s recommendations and I hope that they can be included in the minimum standards for private rented housing that we hope to see soon.
17:13
I thank Clare Adamson for securing a debate about an issue that we should all be concerned about. I, too, associate myself with the comments about the Scottish Parliament’s commitment to raising housing standards in the private rented sector, in particular with regard to electrical safety.
Electrical safety is a priority and has recently been a storyline in a national soap—a character nearly died from messing about with electrical equipment. In her opening remarks, Clare Adamson alluded to some of the factors that can increase the risks that are associated with poorer electrical safety. Poor maintenance is one; lack of knowledge among landlords about their responsibilities to tenants is another. Landlords have a duty of care towards and must safeguard their tenants.
On landlords’ lack of knowledge, I agree that more should be done to ensure that landlords are made aware of their responsibilities and the implications of not fulfilling them.
In February, the Scottish Government published the tenant information pack, which provides important information to tenants who rent their homes privately. Since 1 May, landlords have had a legal duty to provide new tenants with the pack. That action and others highlight the Scottish Government’s commitment to this serious issue.
Poor maintenance was mentioned. The Housing (Scotland) Act 2006 made provision for the repairing standard, setting out requirements that landlords must meet, including a requirement for water and heating installations and fittings to be in reasonable condition and proper working order. Ignorance of the law is not an option; those are requirements. The approach is important, because it will ensure that clean running water and the means to heat a home are present. Those are basic necessities.
Under the 2006 act, if a landlord fails to meet the repairing standard, their tenant may take the case to the private rented housing panel. The aim is to make it quicker and easier for tenants to make landlords meet their legal obligations. Such measures must be implemented and enforced more stringently, to protect Scotland’s people from the dangers of poor electrical safety.
Members should acknowledge that the Scottish Government is doing its bit to fix problems and safeguard Scotland’s people. The Scottish Government will publish a strategy document on the private rented sector later this month. The document has been worked on in partnership with the Scottish private rented sector strategy group and will fit well with the Government’s overall housing strategy. I am sure that the minister will assure us that the work is on-going.
I pay tribute to the Electrical Safety Council in Scotland and other organisations for all their work to protect tenants from death or injury from electric shock or fire and to improve electrical safety in privately rented homes, in my region, Central Scotland, and throughout the country.
I thank Clare Adamson again for bringing the issue to the Parliament. I have known Clare for years, so I know that the subject is close to her heart. I look forward to listening to the rest of the debate.
17:17
As many members said, including Clare Adamson, safety in the home is vital. We should all be concerned about the issue and not least about electrical safety, given the potential for serious accidents and even death.
Clare Adamson mentioned Polish wiring—or rather, Polish electricians. I have heard similar stories, but in all honesty I must say that members need only ask my wife and she will tell them that a little knowledge is a dangerous thing, whoever has it.
It is important that we acknowledge that there is a genuine desire across the board to achieve the objectives that are set out in the motion. Not only the Government and the Parliament, which have responsibility in that regard, but landlords’ representative organisations are extremely keen to make progress on the matter.
However, we must be careful to do so in the right way. It is easy to make regulations or devise procedures that should be observed, but if we do not get people to act on them we might inappropriately inspire overconfidence. Similarly, a system that is put in place to enable the victims of poor or inappropriate standards to get redress is not a cure-all, because people who have suffered as a result of bad wiring would rather that that had not happened at all.
When we consider the practices that most concern us, it is easy to see that good landlords are already doing what they should be doing. The bad landlords, whatever proportion they constitute—I suspect that it is relatively small—are the cause of the problem. If we regulate further, however, the good landlords will apply the new regulations while the bad landlords might not, just as they failed to apply the previous set of regulations. So enforcement is the key.
It is important that we do not force people into a kind of black market in the provision of property. We need to get landlords, whoever they are, to be willing to engage, which is why I encourage the Government to consider ways to ensure that, wherever possible, regulation is light touch and does not add to the burden and cost of becoming a private landlord to the extent to which it encourages some to operate outside the market or the regulations in an illegal way, because that would give us a disadvantage.
In recent years in Scotland, we have come to understand the important contribution that private landlords can make to solving many of Scotland’s housing problems. It is important that we acknowledge that private landlords have a great deal to contribute to that. We must work hand in hand with private landlords. We know that they are willing to do what is necessary to achieve higher standards, and we must never make the mistake of demonising those in the private sector who are providing property for rent, because they are vital to what we are trying to achieve. It is not a case of private bad, public good; it is a case of everybody pulling together to encourage appropriate high standards of safety in the home so that we do not get the problems that we have experienced in the past.
It is my pleasure to support the Government in its intention to increase safety levels in the private rented sector. I look forward to contributing to that process by ensuring that we work with landlords, not against them.
17:22
As other members have done, I thank Clare Adamson for bringing the issue to the chamber and for hosting a round-table discussion in the Parliament on electrical safety. I found the frank and constructive exchange of views at that meeting useful and informative.
Members have mentioned the tenant information pack. We should acknowledge that the Electrical Safety Council was a constructive partner in the pack’s formation in relation to the safety aspects, as were the Scottish Association of Landlords and others. Many good landlords were keen for a tenant information pack to be created.
I will put one or two quotes about the pack on the record. Margaret Burgess, the Minister for Housing and Welfare, said:
“The introduction of the pack will contribute towards ensuring that the private rented sector provides good quality and well managed accommodation, where both landlords and tenants understand their respective rights and responsibilities.”
I stress that the key word there is “responsibilities”, and that responsibilities come in conjunction with rights. The Scottish Association of Landlords said:
“We are encouraged by the possibility offered by the Tenant Information Pack to improve and maintain landlord-tenant relationships. The pack is also a helpful resource which will raise awareness of both landlord and tenant rights and responsibilities.”
There is that word “responsibilities” again. We have partnership working with the private rented sector on improving standards and responsibilities.
On electrical safety, the tenant information pack states:
“Your landlord, in accordance with the Repairing Standard for private rented properties ... must ensure that the electrical installation and appliances provided with the property are in a reasonable state of repair and in proper working order.”
It goes on to say a bit more, but I will not quote it, because of time constraints. However, there is no great detail on what an acceptable standard and acceptable working order are. We need to scratch beneath the surface and flesh out some of the issues.
When the weather improved in the past week or so, I was out cutting the grass—[Laughter.] I know that it is surprising that I do any physical exercise, Mr Johnstone. I cut the cable, but I was perfectly safe, because of the residual current device that is fitted in the new-build house where I live. Tenants in the private rented sector surely deserve similar protection when they go about their business. I was mindful of that when that happened to me just the other day.
How can we take matters forward? The Electrical Safety Council is asking for proof of an inspection of electrical installation every five years by a qualified electrician. It is also asking for portable appliance testing on electrical appliances provided by the landlord every five years and a statement on whether residual current devices are installed.
Instinctively, I am tempted to say that we should agree to all of that, but I am also mindful of Mr Johnstone’s comments about the possibility that we might put further regulatory burdens on well-performing landlords and that the cowboys will ignore them all. Therefore, before we make any commitment to introduce further regulation of the private rented sector—incidentally, I think that we should have further regulation, but we must introduce it in a planned and evidence-led manner—we must ensure that a business impact assessment is made of the effect on good, well-performing private landlords.
How can we incentivise good, well-performing private landlords to do a lot of those things in preparation for further regulation that may be introduced? More important, if we are not able under current rules and regulations to crack down hard enough on the cowboys, we will have to think again.
In the previous parliamentary session, I was involved in the scrutiny of various pieces of legislation that increased fines for unregistered landlords. We are seeing some success coming from that—but only some. The Parliament has shown some willingness to legislate on the matter, but we must think about it again.
I make one suggestion. The Scottish Government is funding many energy efficiency initiatives in the public and private rented sectors and in private dwellings. Many households in Scotland are being contacted right now about energy efficiency and anti-fuel poverty measures. Surely it is not outwith the realms of possibility to fit a residual current device or give a leaflet on electrical safety as part of that work. We need some joined-up thinking. If the Scottish Government is going through hundreds of thousands of households—as it is—perhaps it can weave in some electrical safety as it goes along.
Let us do something about electrical safety in the private rented sector, but let us ensure that it is evidence based and does not cause an undue burden for the good performers in the sector.
I thank Clare Adamson once more for bringing the subject to the chamber.
17:27
I, too, thank Clare Adamson for bringing the issue for debate. She has highlighted the importance of ensuring that private tenants are able to live in safe homes with a reduced risk of electric shocks and fires from poorly maintained installations and appliances.
A number of speakers have mentioned the work of the Electrical Safety Council. The council should be commended for raising awareness of the issue and actively campaigning for improvements in safety standards. I know that the points that have been raised were recently discussed at the round-table event that Clare Adamson and the council held in the Parliament.
As Alex Johnstone said, the private rented sector in Scotland has more than doubled since 1999, and current projections suggest that it will continue to increase its share of the housing market.
There is also an increase in the number of home owners moving up the housing ladder who are becoming landlords, often because they are unable to sell their home due to problems in the housing market caused by the recession. Those landlords, who are sometimes called reluctant or accidental landlords, are not professional landlords with large property portfolios, so we need to ensure that they understand their responsibilities as landlords. We also need to ensure that the bigger landlords know about and carry out their obligations to their tenants. It is particularly important that both landlords and tenants are aware of the dangers of electrical fires and electrocution.
One of the responsibilities of private sector landlords is to ensure that the homes that they let comply with the statutory repairing standard that is set out in the Housing (Scotland) Act 2006. They should ensure that their homes meet that standard before a tenancy begins and at all times throughout the tenancy.
One part of the repairing standard is that landlords must ensure that the electrical installations and appliances that they provide are in a reasonable state of repair and in proper working order. If landlords are unwilling to carry out the work that should be done to meet the repairing standard, tenants can get help with enforcement from the private rented housing panel, as has been said. The best way for landlords to demonstrate that the homes that they let comply with the electrical safety elements of the repairing standard is to provide tenants with a certificate from a qualified electrical engineer.
In relation to gas safety—I note that health and safety is reserved—it is true that private landlords have a statutory duty to carry out regular annual inspections to make sure that gas appliances, fittings and flues are safe. I know that the Electrical Safety Council would like to see a similar duty for private landlords in relation to electrical installations and appliances.
However, members will be aware from recent news reports of the survey carried out by Shelter and British Gas, which suggests that one in 10 private landlords does not know about, or does not comply with, their statutory duty to carry out safety checks. That demonstrates to me that more than regulation is required: we need education and awareness. All of us should highlight that whenever we can, as the Electrical Safety Council is already doing.
It is for such reasons that we introduced the tenant information pack, about which Bob Doris and others have spoken. Private landlords now have a legal duty to provide new tenants with that pack, which contains a summary of the legislation that applies to them and includes information on property condition and the rights and responsibilities of landlords and tenants. The pack ensures that tenants are made aware that electrical safety is important, that they should ask their landlord about the electrical safety of their home, and that they can ask for a copy of any current electrical safety certificate.
That is important, because this is about responsibilities, although when people are aware of their rights, they can exercise them. It is important that everyone is aware of the matter and works together. The private rented sector will continue to play an important role in meeting Scotland’s future housing needs and in delivering our vision that everyone should live in high-quality, sustainable homes that are safe to live in.
As was said earlier, later this month the Scottish Government will publish a strategy for the private rented sector. We know that we need to create a regulatory framework that works for both tenants and landlords: one that is effective, proportionate and sets the right standards to ensure quality, but which is also affordable and does not constrain the growth in private rented housing that is needed. We want to encourage tenants to think of themselves as consumers who can drive improvement within the private rented sector and support landlords to deliver the improvements that are needed.
Before the summer recess, we intend to respond to our recent consultation on a sustainable housing strategy. The Scottish Government sought views on our vision for warm, high-quality, affordable, low-carbon homes. Part of that vision is for people to value and take responsibility for the condition of their home. The vision will cut across tenures: it will engage with the private rented sector, social housing and owner-occupiers. It will cover energy efficiency, physical condition and the need for safe and secure homes.
We will continue to work with all stakeholders, including private landlords, tenants and the Electrical Safety Council, to raise housing standards and to deliver our vision, because we want people to live in homes that are warm, comfortable and safe.
Meeting closed at 17:33.