Landlord has completely disregarded my EICR because it basically has resulted in multiple C1 and C2plus a plethora of fi c3 and general comments. He told me not to quote for remedial work as a friend would rewire it. Six weeks on and working next door the family came out assuming I was there to begin remedial work. Landlord has told them my testing showed no problems??? I know I’ve fulfilled my responsibilities as an inspector but feel the need to raise this as an issue with someone Local authorities not interested so is it worth involving HSE ? Someone’s going to be hurt
- Thread starter Jon Bateson
- Start date
you can get the tenants to approach council but if the council do not do anything then the landlord can evict them under sec 21. should council issue an improvement notice then they can be protected for 6 months.
england.shelter.org.uk
Revenge eviction if you ask for repairs - Shelter England
A revenge eviction is when a private landlord evicts tenants who ask for repairs or complain about bad housing conditions. Find out if you can protect yourself.
england.shelter.org.uk
The landlord surely cant ger annoyed if he gave the tenants a copy?
I always inform our tenants they can request a free copy and if they do we have to provide it to them
I always inform our tenants they can request a free copy and if they do we have to provide it to them
I think as long as you have sent him a letter or email informing him off remedial works and any dangers as well as an unsatisfactory report you're covered in that essence. Must be annoying though
the op was contracted to the landlord not the tenant ,so if you say a copy was sent by mistake to the tenant well the S88t will hit the fan .
If someone gives you an order for a report with promise of payment in return, the contents of that report do not belong to you, they belong to the person who ordered it. ownership of the report and its contents passes to them upon payment, where both parties contractual agreements have been fulfilled.
The landlord has a legal requirement to keep the electrical installation in a safe condition.
probably also a contractual obligation to keep it in a working condition.
Rather than giving away a copy of the report to the tenants, I would have had a word with them and pointed out that you have found some faults, shown them the items that you thought were serious enough for immediate concern.
It might sound trivial but if the tenants want a copy and the landlord has not given you permission to share it, you should not provide them with a copy.
However there is nothing stopping you from encouraging them to order there own electrical report, this would have a different date and a different serial number.
you are free to negotiate any price you like with them, I might be tempted to charge a fairly nominal fee of £1
p.s. they payed it in cash!!!
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now this kangaroo is finished are all in agreement to hang the landlord ,say I.now
T
The Ghost
It is very clear in the regs it shall be issued to the person ordering the work. It would be entirely reasonable if the tenants were not satisfied with the LLs' statement that there are no faults to order their own report and as @James the Spark1976 suggests a small fee to readdress the report and findings to their name and address.
Quote: "Six weeks on and working next door the family came out assuming I was there to begin remedial work. Landlord has told them my testing showed no problems???"
Did you inform the tenants of you findings at the time for them to assume you were there to begin remedials?
Did you inform the tenants of you findings at the time for them to assume you were there to begin remedials?
GOOD POINT, in England, gas cert has to be left on site. as far as I know there is no requirement to do the same with EICR.
This is a shame in my opinion.
we have a moral obligation to inform tenants of our findings, but no legal stature to back it up with.
They can ask the landlord for a copy of the EICR.
of course they can, however I don't believe there is any legal requirement for them to provide it.
they could just reply saying that everything is fine and it tested ok.
morally wrong, but if nobody is injured, its a civil issue, not a criminal one?
I DONT MAKE THE RULES, just try to interpret them.
Our company has always said that if any tenant requests a copy we HAVE to provide one
They absolutely can get annoyed as it is confidential between them and the contractor.
Theft & Criminal Damage ...no chance. Protecting the occupants from death or serious injury would be a bloody good defence in my books.
Depends if the legislation has the theeth to deal with both bad landlord and anyone professional who don't carry out proper ERIC
O
Octopus
That's because there is no requirement to do EICR's in England
GN3 Page 13 ‘Landlord and Tenant Act 1985’
States landlord shall keep in repair and proper working order the installations in the house for water, gas and electricity.
Doing an EICR and rectifying the at the very least dangerous bits would surely cover the landlord. I’d like to see a landlord in court trying to explain why he/she did not follow the recommendations of an EICR and complying with the above act.
As a landlord, this sort of thing (carefully avoids triggering the profanity filter) "really annoys me". Most of the red tape we have to deal with can be traced back to toerags like this LL.
As to all the comments about the landlords' duty to maintain a safe property - but that really doesn't do much "unless something bad happens". One the one hand, if (say) someone got electrocuted then the LL will well and truly stuffed with no get-out - but that's cold comfort for the people involved.
And if the LL is like this, then I can well imagine that they would be open to a revenge eviction - putting the tenants in a difficult position in terms of getting things fixed. If they push it, they risk getting a S21 notice; if they don't then they have to live with dangerous electrics.
It could be useful if the tenants got evidence that the landlord says it's all OK - whether that's asking his by text and getting an answer, or email, or a recording of a conversation. Then if they were to get their own EICR from the OP showing that the electrics are dangerous, then they stand a reasonable chance of getting the council to take interest.
But at the end of the day, perhaps the tenants need to consider whether they want to carry on living in a property with a LL like that. Painful (and potentially expensive) though that decision might be to make.
Unfortunately for tenants, the landlords have the upper hand in most areas - there being more tenant demand than properties to meet it. So moving may not be an easy option.
As to all the comments about the landlords' duty to maintain a safe property - but that really doesn't do much "unless something bad happens". One the one hand, if (say) someone got electrocuted then the LL will well and truly stuffed with no get-out - but that's cold comfort for the people involved.
And if the LL is like this, then I can well imagine that they would be open to a revenge eviction - putting the tenants in a difficult position in terms of getting things fixed. If they push it, they risk getting a S21 notice; if they don't then they have to live with dangerous electrics.
It could be useful if the tenants got evidence that the landlord says it's all OK - whether that's asking his by text and getting an answer, or email, or a recording of a conversation. Then if they were to get their own EICR from the OP showing that the electrics are dangerous, then they stand a reasonable chance of getting the council to take interest.
But at the end of the day, perhaps the tenants need to consider whether they want to carry on living in a property with a LL like that. Painful (and potentially expensive) though that decision might be to make.
Unfortunately for tenants, the landlords have the upper hand in most areas - there being more tenant demand than properties to meet it. So moving may not be an easy option.
A Eicr is one way of monitoring the safety of a installation
A maintenance programme using in house personnel would be another
If a landlord were to possess his own electrical competence I would suppose he can decide himself whether he is carrying out his duty of care and maybe have no need or care for a eicr
Aren’t Erics soon going to be compulsory on all rental properties?
No Eric no rentie
Yep I anticipate sparks doing 22 a day......
had similar myself not alot you can do do as long as youve been paid crack on with the next one
Sorry i totally disagree with you statement here. If you saw someone lying in the middle of the road which you know is going to become very busy and therefor vary dangerous would you just make a note and move on. No! as a human being we all have a duty of care to one another to try to prevent harm. We as electricians have the privalidge to have the knowledge to foresee such potential dangers and if as in a C1 catogarization of a fault within an installation we do have the power to isolate that circuit, infact i would go further to say it is your responsability to isolate and notyfy whoever is responsable. we do not have the power however to enforce the circuit remain isolated and thus if you even remotly suspect that it may be the case that a landlord or even a home owner will switch it back on and continue the use of it even why informed of the dangers then such notification should be presented with it recorded ias in an EICR and noted that you have isolated said danger and informed person responsable.
I find it hard to believe that if you have informed a local authority "that you have found such issues" and "have concerns for a family with children present about the landlords integraty" that they do not carry out a safety inspection of some sort, or is this just in the London area that it is done?
This is why i love my job. Whenever i do periodics any c1 or c2 or any other problems im told to rectify them there and then or make safe and go back the following day.....also means when i come across D.I.Y daves shoddy electrical work they have no choice but to watch me disconnect and rip it out.
Hey magnolia. Also owe you an apology for being an overworked overwhelmed c?(k the other day. Sorry sparks
Tenants can use the rather new The Homes (Fitness for Human Habitation) Act 2018 and force remedial work to be done. This came about in light of Grenfell and the shower of ---- HMO.
In short they take the landlord to court and they would then have to defend why the think it acceptable to force thier tenant to live with C1s
In short they take the landlord to court and they would then have to defend why the think it acceptable to force thier tenant to live with C1s
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