Appealing an electrical safety penalty: Forms ESS01 & ESS02 (2026)

Received a financial penalty for a breach of the Electrical Safety Standards (Private Rented Sector) (England) Regulations 2020? You have 28 days to appeal to the First-tier Tribunal on Form ESS01 (or Form ESS02 for council action). Here is what the regulations actually say.

Appealing an electrical safety penalty: Forms ESS01 & ESS02

If you have just received a final notice from your local council imposing a financial penalty for a breach of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312), there is a strict 28-day window to appeal to the First-tier Tribunal (Property Chamber).

This article summarises what the regulations actually say. It is not legal advice — the underlying statute is linked at the bottom of every section.

Who this applies to

The 2020 Regulations apply to private landlords in England. They do not apply to Wales, Scotland or Northern Ireland (which have separate regimes). Social landlords and certain lettings (e.g. lodgers sharing accommodation with the landlord) are outside the definition of "specified tenancies" in regulation 2.

What the council can penalise

Under regulation 3, a private landlord must:

• ensure electrical safety standards are met while a specified tenancy is in occupation
• have every fixed electrical installation inspected and tested by a qualified person at least every 5 years
• obtain and act on the resulting report

Under regulation 11, a local housing authority that is satisfied beyond reasonable doubt that a private landlord has breached a duty under regulation 3 may impose a financial penalty. The statutory maximum is £30,000 per breach. More than one penalty can be imposed in the event of a continuing failure.

The council's procedure (Schedule 2)

Before a penalty is finalised, the council must follow the procedure in Schedule 2 of the Regulations:

1. Notice of intent — served within 6 months of the day the authority is satisfied the landlord is in breach (paragraph 1). 2. Right to make written representations — the landlord has 28 days from the day after service of the notice of intent to make written representations to the council (paragraph 2). 3. Final notice — within 28 days of the end of the representations period, the council must decide whether to impose a penalty and, if so, serve a final notice requiring payment within 28 days (paragraph 3). 4. Withdrawal or amendment — the council may at any time withdraw the notice or reduce the amount (paragraph 4).

Your right of appeal (Schedule 2, paragraph 5)

A landlord on whom a final notice is served may appeal to the First-tier Tribunal (Property Chamber) against either:

• the decision to impose the penalty, or
• the amount of the penalty.

Key points that come straight from Schedule 2, paragraph 5:

• The appeal must be brought within 28 days of the day after the final notice was served.
• The final notice is suspended until the appeal is finally determined or withdrawn.
• The appeal is a re-hearing of the council's decision, but may take into account matters the council was unaware of at the time.
• The Tribunal may confirm, quash or vary the final notice — but cannot vary it so as to impose a penalty of more than £30,000.

There is a separate route where a landlord disagrees with remedial action taken by the council (regulation 8) or with a remedial notice (regulation 4). That is what Form ESS02 is for.

Which form do I file?

GOV.UK publishes two appeal forms. LetSentry only links to them — always download the current version directly from GOV.UK, never from a third-party mirror.

| Situation | Form | |