Electrical Safety Penalties: Appealing to the Property Chamber
Council fined you up to £40,000 under the electrical safety regulations? How the penalty works, the 28-day appeal on form ESS01, fees, and tenants' rights.
Quick Answer
The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 (SI 2020/312, as amended) require landlords to have every electrical installation in a rented home inspected and tested by a qualified person at least every five years, to hand the report to tenants, and to finish any remedial work within 28 days or any shorter period the report specifies. - Who enforces: the local housing authority (the council). It must serve a remedial notice where it has reasonable grounds to believe a landlord is in breach (reg. 4), and it can arrange the work itself. - The penalty: if the council is satisfied beyond reasonable doubt that a landlord has breached a duty, it can impose a financial penalty of up to £40,000 (reg. 11). That maximum rose from £30,000 on 1 November 2025 (1 May 2026 for social tenancies granted before 1 December 2025). - The procedure: notice of intent, then 28 days for written representations, then a final notice (Schedule 2, paras 1–3). - The appeal: to the First-tier Tribunal (Property Chamber) within 28 days beginning with the day after the final notice was served. The appeal is a re-hearing, and the tribunal can confirm, quash or vary the final notice (Schedule 2, para. 5). - The form and fee: landlords appeal on the official form ESS01. The application fee is £200, and a £300 hearing fee is due if the case goes to a hearing. The Regulations now also cover social housing let by registered providers (housing associations): from 1 May 2026 for social tenancies granted before 1 December 2025, and from the start of the tenancy for those granted on or after that date. The Renters' Rights Act 2025 did not change these duties. The Regulations apply to any "specified tenancy", so they continue to apply to private tenancies that became assured periodic tenancies on 1 May 2026.
Last reviewed: 15 October 2026 — England
General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your case. Landlords facing a penalty should consider advice from a solicitor or a landlord association. Tenants can get independent advice from Citizens Advice, Shelter England or a Law Centre.
The Landlord's Duties
Regulation 3 sets out the core duties. A landlord who grants or intends to grant a specified tenancy must:
| Duty | Detail | Regulation |
|---|---|---|
| Meet the standards | Ensure the electrical safety standards (BS 7671:2018, the eighteenth edition of the Wiring Regulations) are met while the home is occupied | 3(1)(a); reg. 2 |
| Inspect before the tenancy | Have every installation inspected and tested by a qualified person before the tenancy starts | 3(1)(c) |
| Inspect at regular intervals | No more than five years apart, or sooner if the last report says so | 3(1)(b), 3(2) |
| Get a report | Usually an Electrical Installation Condition Report (EICR), giving the results and the date of the next inspection | 3(3)(a) |
| Give it to existing tenants | Within 28 days of the inspection | 3(3)(b) |
| Give it to the council | Within 7 days of a written request | 3(3)(c) |
| Keep it | Until the next inspection is due or carried out, whichever is later | 3(3)(ca) |
| Give it to new tenants | Before they occupy, and to a prospective tenant within 28 days of a written request | 3(3)(e) |
| Do remedial work | Where the report requires further investigative or remedial work, have it done by a qualified person within 28 days, or a shorter period stated in the report, starting with the date of the inspection | 3(4) |
| Confirm completion | Obtain written confirmation from a qualified person and send it, with the report, to each tenant and to the council within 28 days of completing the work | 3(5) |
A "qualified person" is someone competent to do the inspection, testing and any further work in line with the electrical safety standards (reg. 3(8)). GOV.UK's guidance says acceptable written confirmation includes a satisfactory EICR, an Electrical Installation Certificate or a Minor Electrical Installation Works Certificate.
The "all reasonable steps" defence
From 1 November 2025 (1 May 2026 for social tenancies granted before 1 December 2025) a landlord is not in breach of the reg. 3(1) duties if they can show they took all reasonable steps to comply (reg. 3(2A)). The same applies to the remedial work duties (reg. 3(6A)). If a tenant refuses access, the landlord is not treated as having failed to take reasonable steps simply because they did not go to court to get in (reg. 3(2B)). GOV.UK suggests keeping copies of every attempt to arrange access. For many appeals, this defence is the heart of the case.
Social housing
Registered providers have extra duties to check the electrical equipment they supply, such as cookers and fitted appliances, at least every five years (regs 3A–3D). For social tenancies granted before 1 December 2025, the first inspection of the installation, and the first equipment check, must take place before 1 November 2026 (reg. 3E).
How the Council Enforces
Remedial notice
Where the council has reasonable grounds to believe a landlord is in breach of reg. 3(1), (4) or (6), and the latest report does not say urgent remedial action is needed, it must serve a remedial notice within 21 days of reaching that view (reg. 4(1) and (3)). The notice requires the work to be done within 28 days of service (reg. 4(2)(d)).
The landlord can make written representations within 21 days of service. Doing so suspends the notice until the council decides, and the council must tell the landlord the outcome within 7 days of the end of the representation period (reg. 4(5)–(6)). If the notice is confirmed, the landlord has 21 days from being told to do the work (reg. 5(1)(b)).
The council doing the work itself
If the landlord does not comply, the council can, with the tenant's consent, send an authorised person in to do the work (reg. 6). Where a report flags urgent remedial action and the landlord has missed the deadline in the report, the council can act straight away, again with the tenant's consent (reg. 10). Either way, the tenant must get at least 48 hours' notice. The council can recover its reasonable costs from the landlord (reg. 8).
The financial penalty
A penalty can be imposed for a breach of reg. 3, 3B, 3C or 3D, and the council must be satisfied beyond reasonable doubt (reg. 11(1)). Schedule 2 sets out the steps:
- Notice of intent. It must state the proposed amount, the reasons and the right to make representations. It must be served within 6 months of the first day the council is satisfied the landlord is in breach, or at any time while the breach continues, or within 6 months of the last day of the breach (para. 1).
- Representations. The landlord has 28 days, beginning with the day after service, to make written representations (para. 2).
- Final notice. Within 28 days of the end of that period the council decides whether to impose a penalty and how much. A final notice must give the amount, reasons, how and when to pay (28 days), appeal rights and the consequences of not paying (para. 3).
- Withdrawal or reduction. The council can withdraw either notice, or reduce the amount, at any time (para. 4).
Which maximum applies? SI 2025/1043 raised the cap from £30,000 to £40,000 from 1 November 2025 (from 1 May 2026 for registered-provider tenancies granted before 1 December 2025). The amending Regulations contain no specific saving provision for breaches that ended before that date. If your breach is that old, ask the council which maximum it has applied and take advice. Do not assume either figure.
How the council sets the amount
The Regulations do not list factors, so each council works from its own published civil penalty policy. GOV.UK's electrical safety guidance points councils to two sets of national guidance: Civil penalties under the Housing and Planning Act 2016 for matters before 1 May 2026, and Civil penalties under the Renters' Rights Act 2025 and other housing legislation from 1 May 2026. The 2025 guidance lists severity, culpability and track record, harm, punishment, deterrence and removal of any financial benefit. It also says councils may take account of the landlord's financial circumstances, but will usually assume ability to pay if no reliable information is given, and that any prompt-payment discount should not exceed one-third.
That guidance is issued under other legislation and does not list electrical safety breaches, but it is where GOV.UK directs councils. Ask for the council's own policy and check how it was applied to you.
Appealing to the First-tier Tribunal
What can be appealed, and when
| Decision | Time limit | Late appeal? | Source |
|---|---|---|---|
| Final notice (the decision to impose a penalty, or the amount) | 28 days beginning with the day after the final notice was served | No express power in para. 5 | Sch. 2, para. 5(1)–(2) |
| Council's decision to carry out remedial work | 28 days beginning with the day the reg. 6(2) notice was served | Yes, for good reason | Reg. 7(3)–(4) |
| Urgent remedial action | 28 days beginning with the start date given in the council's notice | As reg. 7 | Reg. 10(6) |
| Demand for the council's costs | 21 days beginning with the day the demand was served | Yes, for good reason | Reg. 9(2)–(3) |
The Regulations give a tribunal appeal against the council's decision to do the remedial work itself, not against the remedial notice as such. The place to challenge a remedial notice is the 21-day representation stage. GOV.UK's guidance describes a 28-day appeal "from the day on which a remedial notice is served", but regulation 7 runs from the reg. 6(2) notice, so work from the Regulations.
Regulations 7(4) and 9(3) allow a late appeal for good reason; paragraph 5 of Schedule 2 has no such express power. If you have missed the penalty deadline, get advice at once and explain the delay fully. Do not count on a late appeal being admitted.
What happens while the appeal runs
Lodging a penalty appeal suspends the final notice until the appeal is decided or withdrawn (para. 5(3)). The appeal is a re-hearing of the council's decision, and the tribunal may take into account matters the council did not know about (para. 5(4)). The tribunal can confirm, quash or vary the final notice, but cannot raise the penalty above £40,000 (para. 5(5)–(6)). So varying the notice can mean an increase as well as a reduction.
On appeals about remedial action or costs, the tribunal can confirm, quash or vary the decision or demand (reg. 7(6), reg. 9(5)). The grounds there are narrower: that all reasonable steps had been taken to comply with the remedial notice, or reasonable progress had been made, when the council gave notice (reg. 7(2), reg. 9(4)).
The official form and fee
Use the official form ESS01, Appeal as a landlord against a financial penalty for breach of duty under electrical safety standards, on GOV.UK. The current version is ESS01_0726, updated on 13 July 2026. The form asks for:
- The date the final notice was served and your grounds of appeal
- A copy of the final notice
- Whether you would accept a decision on the papers without a hearing
You send it by email, as a Word document, to the regional tribunal office listed in the form's annex, and you must serve a copy on the council. The form still uses the Regulations' original title and refers to the reg. 3 duties of "private landlords". If you are a registered provider appealing a penalty for an equipment duty under regs 3B–3D, check with the regional office that ESS01 is the right form. For appeals against the council's decision to carry out remedial work, or against its demand for costs (regs 7, 9 and 10), use the official form ESS02 on GOV.UK. Source the official form online from GOV.UK.
Fees. Item 3.12 of Schedule 1 to the First-tier Tribunal (Property Chamber) Fees Order 2013, in force from 13 July 2026, sets an application fee of £200 and a hearing fee of £300 (the same fees apply to ESS02 appeals). The hearing fee is due within 14 days of being notified of the hearing date. You can apply for Help with Fees.
Costs and onward appeal
Each side normally pays its own costs. The tribunal can order costs against a party who has acted unreasonably in bringing, defending or conducting the proceedings, and can order one party to repay another's fees (Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 13). Either side can ask the tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). The application must reach the tribunal within 28 days of the written reasons being sent (rule 52).
If the penalty is not paid
If a landlord does not pay, the council can recover the penalty through the county court as if it were payable under a court order. A certificate signed by the council's chief finance officer is conclusive evidence that the money has not been received (Sch. 2, para. 6).
Where Other Housing Law Fits In
HHSRS and the Housing Act 2004. The council can also deal with an electrical hazard under Part 1 of the Housing Act 2004, for example by serving an improvement notice. Failing to comply with an improvement notice is an offence (s.30(1)). The council can prosecute or impose a financial penalty of up to £40,000 instead (s.249A, maximum in force from 1 May 2026).
Rent repayment orders. A breach of the electrical safety Regulations is not one of the offences listed in s.40(3) of the Housing and Planning Act 2016, so on its own it does not support a rent repayment order. Failing to comply with a Housing Act 2004 improvement notice is on that list. It counts only where the notice concerned a hazard in the let premises, not, for example, common parts (s.40(4)).
Fitness for habitation. GOV.UK's guidance notes that some tenants can bring a court claim under the Homes (Fitness for Human Habitation) Act 2018 if unsafe electrics make the home unfit.
Practical Steps
The Landlord: Building Your Appeal Bundle
Once the appeal is lodged, the tribunal's directions will set the timetable. Follow them to the letter, but expect to need:
- Notices: the notice of intent, your representations, the final notice and any remedial notice, all with proof of service dates.
- Every EICR for the property, in date order, plus remedial certificates and written confirmations.
- A chronology: inspection dates, report dates, when reports went to tenants and the council, and when work was done. Time limits drive these cases, so a clear chronology does a lot of work.
- Access evidence: letters, emails, texts and call logs showing attempts to get in, if you rely on the reasonable steps defence.
- Penalty calculation: the council's policy and how it was applied, with your evidence on each factor, including your financial circumstances if you rely on them.
- A witness statement from you, and from your agent or electrician where useful.
BundleCreator can help you put these into an indexed, paginated tribunal bundle. It does not replace the ESS01 form or the tribunal's directions. Those always come first.
For landlords: a five-yearly report is easy to miss across a portfolio. ComplyWithMe: Landlord tracks your electrical, gas, EPC, deposit and Right to Rent deadlines, for England. ComplyWithMe and BundleCreator.co are both published by Steleo Publishing Ltd. ComplyWithMe is not legal advice.
The Tenant: Reporting a Landlord
- Ask for the report in writing. Existing tenants should receive the EICR within 28 days of each inspection, and new tenants before moving in.
- Keep a record. Note the date of the last inspection, any warning signs (scorch marks, tripping circuits, exposed wiring) and photographs.
- Contact your council's private sector housing team. This applies to housing association tenants too, because the council enforces the Regulations for all specified tenancies. If there is smoke, burning or any risk of fire, call 999 first.
- Agree to access for safety work where you can. Councils need your consent to send their own contractor in (regs 6 and 10).
Authoritative Sources
- Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 (SI 2020/312), regs 2–12 and Schedules 1–2: legislation.gov.uk/uksi/2020/312
- Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025 (SI 2025/1043): legislation.gov.uk/uksi/2025/1043
- First-tier Tribunal (Property Chamber) Fees Order 2013 (SI 2013/1179), Schedule 1 item 3.12: legislation.gov.uk/uksi/2013/1179
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169), rules 13 and 52: legislation.gov.uk/uksi/2013/1169
- Housing Act 2004, ss.30 and 249A: legislation.gov.uk/ukpga/2004/34
- Housing and Planning Act 2016, s.40: legislation.gov.uk/ukpga/2016/22/section/40
- Form ESS01: gov.uk/government/publications/appeal-as-a-landlord-against-a-financial-penalty-for-breach-of-duty-under-electrical-safety-standards
- Form ESS02: gov.uk/government/publications/appeal-as-a-landlord-against-local-council-action-on-a-failure-to-address-electrical-safety-concerns
- Electrical safety standards in the private and social rented sectors: guidance: gov.uk/government/publications/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance
- Civil penalties under the Renters' Rights Act 2025 and other housing legislation: gov.uk/government/publications/civil-penalties-under-the-renters-rights-act-2025-and-other-housing-legislation
- First-tier Tribunal (Property Chamber) contact details: gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
Nothing in this article is legal advice. It describes the law in England at the date shown, and the law and procedure may change.
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