News 21.6.1 (4)

Should Councils be Treated the Same as Landlords When They Break Rules?

A recent move by Southwark Council to refer itself to the Regulator of Social Housing has ignited fierce criticism from a private sector safety law expert, who has labelled the situation a “national scandal.”

Phil Turtle, of Landlord Licensing & Defence, is urging the Regulator to leverage its new powers to impose a hefty fine on the council—one that matches the fines faced by private landlords for similar infractions. Turtle suggests the penalty could be as high as £270 million.

This controversy arose after Southwark Council, which oversees 36,000 council homes, admitted to not meeting a new regulatory mandate to conduct electrical safety tests across its properties. Consequently, the Labour-controlled council made a self-referral to the Regulator, an independent body overseeing the social housing sector.

Turtle argues that the council should face the same consequences as private landlords under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. “Any private landlord failing to conduct an Electrical Installation Condition Report (EICR) every five years would be fined up to £30,000 by the local authority,” Turtle explains. “Given the council’s large portfolio, the equivalent fine would total around £270 million.”

He further elaborates on the calculation, stating, “Local Housing Authorities use a civil penalty matrix based on ‘Harm’ and ‘Culpability’. The high risk of electrical fires and shocks justifies a severe penalty. A small-scale landlord might face a lower fine, but a large-scale landlord like a local authority should expect the maximum penalty.”

Turtle remains sceptical about the Regulator of Social Housing imposing such a substantial fine. “It’s likely the council will receive just a reprimand, with no real accountability for the staff involved.”

In response, Southwark Council announced it is undertaking the overdue Electrical Installation Condition Reports (EICR). Council leader Kieron Williams assured tenants that their safety is a top priority. “We take residents’ safety extremely seriously and are committed to improving the quality of our council homes. While we have made significant progress in various areas, completing these critical electrical tests is an ongoing priority. I apologize for the delay.”

Williams emphasized that all tenants would be contacted regarding the safety inspections, reaffirming the council’s commitment to resident safety and housing quality improvements.

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