Can u be taken to court for EICR 13 months after it was issued

[L1Jay1]

Can you be taken to court for an EICR by a house purchaser 13 months after EICR was issued, house purchaser has had there own report done 13 months after original was issued. House purchasers EICR was a more detailed one done over 20 hours costing £600. I think this report is incorrect after reading it. House purchaser had there own EICR carried out due to some problems he was having with his electrics about 8 months after original report was done, down stairs lights started tripping and porch lights didnt work, Purchaser has had quote done for repairs which is estimated at about £7500.for repairs , most of which is not even covered by his own 20 hour EICR. House purchaser is now trying to sue . Original report was carried out by the vender.

 

[littlespark]

Doubt it. A lot can happen to an installation over 13 month including wear and tear on accessories, damage to cables, and extra works that they won’t admit to.
if the first eicr was done correctly, and it wasn’t just a guessing game drive by, then there’s no problem.

Where exactly are you placed in this situation?

 

[snowhead]

It's not a question an Internet forum can answer with any certainty as it's it Legal opinion question.

When you say the original report was carried out by the Vendor was that paid for by the Vendor or the vendor actually did the report?

However, the Purchaser cannot sue the person who conducted the original EICR unless they paid them directly.
They may be able to seek some recompense from the Vendor, but suing is not the first course of action.

 

[Dustydazzler]

Can you sue the garage if your car breaks down 11 months after passing it’s MOT ?

 

[MJPD29]

Highly doubt it. 13 months is a long time who knows what could have happened to the Cabling and assessories in that time

 

[SJD]

As commented, a lot can change in 8 or 13 months. But I would also say if the original report was very inaccurate - to the extent of being more or less a work of fiction - then the buyer may have some redress against the seller, who in in turn might look to whoever carried out the original report. I have come across a few such reports, where measurements are so obviously suspect, not even fabricated to look realistic.

 

[Welchyboy1]

£7.5k for remedial works! 20 hours for an eicr report. That must be some house!

it’s obviously a major issue, (I.e. rubber VIR cabling throughout that’s breaking down etc)
without more details its impossible to comment further really

 

[Rockingit]

Caveat Emptor, basically. It's the purchaser's responsibility to do due diligence and checks.

HOWEVER..... this is an interesting situation and one to watch because with all the fly-by EICRS's going on these days, it's only a matter of time before something does end up before the beak, I'm convinced!

 

[Rockingit]

Also - this is where the providers of P.I. insurances are going to have to start taking an interest, too.

 

[DPG]

Caveat Emptor, basically. It's the purchaser's responsibility to do due diligence and checks.

HOWEVER..... this is an interesting situation and one to watch because with all the fly-by EICRS's going on these days, it's only a matter of time before something does end up before the beak, I'm convinced!

Absolutely. Only a matter of time before a tennant gets hurt, and then the EICR will be looked at in court by an expert witness. And then the drive-by guy will realise that the easy money that he has been earning is not without risk.

 

[LukeD]

NOT if the drive by EICR guy was fake from the offset and was just selling test results that suited the finances of a ---- landlord. No comeback possible.

 

[DPG]

NOT if the drive by EICR guy was fake from the offset and was just selling test results that suited the finances of a ---- landlord. No comeback possible.

The landlord/agent will have the name and details of the electrician. He must have paid him. The comeback is on the person who did the dodgy EICR.

 

[Rockingit]

NOT if the drive by EICR guy was fake from the offset and was just selling test results that suited the finances of a ---- landlord. No comeback possible.

Regulation 29 of the Electricity at Work Regulations 1989 absolutely gives a comeback!

 

[LukeD]

Again. 50 fake adverts on facebook etc offering "cheap" EICR's . Cash or card machine payment into a dodgy account etc . Smash out hundreds . Customer has no idea . change sims etc .Whats the chances of ever getting caught .Its not the whole thing is been policed anyway !

 

[LukeD]

The landlord/agent will have the name and details of the electrician. He must have paid him. The comeback is on the person who did the dodgy EICR.

Thats why i said "Fake" . Many are only interested in 2 answers in life 1: How soon. 2: How cheap"

 

[DPG]

Again. 50 fake adverts on facebook etc offering "cheap" EICR's . Cash or card machine payment into a dodgy account etc . Smash out hundreds . Customer has no idea . change sims etc .Whats the chances of ever getting caught .Its not the whole thing is been policed anyway !

There will always be rogue traders, no matter what. Always have, always will.

Thats why i said "Fake" . Many are only interested in 2 answers in life 1: How soon. 2: How cheap"

So, say one of the dodgy sparkies puts his price up to £180 because he realises that people are avoiding him because he's really cheap. Still does the same crap job though.

 

[Rockingit]

Thats why i said "Fake" . Many are only interested in 2 answers in life 1: How soon. 2: How cheap"

That's irrelevant - you can't have a 'fake' report, because there's no statute 'right' one. All you have is a decision based on competencies and due diligence.

It doesn't matter how poor a report is from our own professional perspectives, or even who produced it, the law requires it to be fit for purpose, and EAWR89 Reg 29 states ".... it shall be a defence for any person to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of that offence." So if you can't show that you did the job properly, within your experience and training, good luck to you.

I teach my 10yr old daughter something that my (ex Copper) Dad also drummed into me as a kid - "If you can't do the time, don't do the crime!!"

 

[SJD]

I've just had a look on eBay, if you search for EICR, once you get past the cheaper listings for certificates, NAPIT codebreakers and other out of date books, there are a few for £100 for an actual EICR. Interesting.

 

[Mike Johnson]

To answer the original question, yes you can be taken to court for anything if someone wishes to pursue a claim, but the time period between the occurrence and the claim is of critical importance, anything could have transpired between the two events, you would be allowed access to the item in question to establish if alterations had been carried out and compromised the installation after your works where complete, the claimant in this case does not stand a chance of making any claim valid, it is their word against yours, just don't admit to anything and consistently uphold your stance that the works had been compromised after your inspection.

 

[telectrix]

buggers are trying it on. £7500 for repairs????? could have a complete rewire for that with a grand piano thrown in. and what sparks in his right mind would take 20 hours doing an EICR? it's fishier than captain birdseye.