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Discuss Certificates... in the Electrical Forum area at ElectriciansForums.net

H

highspark

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Does a tenant have any right to obtain an EICR you do for their landlord?

I say this because I've recently rewired a flat and the tenant wants a copy of the condition report I did before hand i have no problem with this. However I'm not sure the landlord will be happy about it.

To cut a long story short the tenant an landlord don't get on and it's taken an EICR and a court order for the place to be brought up to standards.

In the end the tenant has been ok. But now he wants a copy of the EICR. I'm reluctant to give him this for the fact of case after case the landlord has mentioned of court appearances, tit for tat with eachother.

My main problem is if the tenant decides to use this certificate in court as a toy for tat scenario against someone else. Apparently 2 sparks had gone before me and both had walked in and out without filling out any forms or testing both saying it was unsafe and needed to be rewired. However one guy said it was a fire risk.

I think the tenant is planning in legal action against this spark for using the words "fire hazard". And he wants my cert to prove it wasn't and maybe attack either the landlord of other spark with this. In a catch 22 situation the tenant won't do one and keeps asking for the cert ....daily.

Also he wants the landlords fixed address from md which the landlord will not give to him for unknown reasons. I have this and it written on the cert.

Is he entitled to one?
 
Reg 632.1 is quite clear that the Cert goes to the person ordering the work, and I suspect that is the landlord. so by our bible if the tenant never ordered the work you are under no obligation to give him a copy.

This scenario sounds like a no win situation, so if I were in your shoes I would do it by the letter of the regs and advise the tenant, in writing of above, and keep out of it.
 
S

Steve_P

  • Thread Starter Thread Starter
  • #4
Can't add anything to this. I've had a similar situation and Mr Scroge (the landlord who got me to do the work) got the cert, the tennant was ok after having the rules explained and I worked for both again after that. With any job communication is almost as important as the work itself but in cases like this, it's more important than ever. Play it by the book and don't get dragged in.
 

Strima

-
Arms
Esteemed
If it's going to court then the tenants legal bod should be the one putting in a request for the paperwork as it could be classed as evidence which both parties are entitled to. In short tell him/her to request a copy through their solicitor.
 
K

KevinS

  • Thread Starter Thread Starter
  • #6
Easy - the person PAYING gets the certificate.
If the tenant has not paid and wants a certificate, if he pays you for the job he can have one also.
 
O

oldtimer

  • Thread Starter Thread Starter
  • #7
Yep I agree your contract is with the landlord not with the tenant if they have a dispute then they should have to take it up with the landlord plus if you did give them a copy the landlord can sue you for breach of contract.

When I get a call for a breakdown I always ask are you the owner of the property and 99.9% say yes but there is always one who says no I am the tenant and I am sick of the landlord so come out and fix it So you are paying then O no send the bill to the landlord then me says sorry I am not getting caught in a bun fight with both of you because the landlord will say I did not call you and I am not paying
 
In short tell him/her to request a copy through their solicitor.
I'd tell him /her nothing of the kind. If it is heading for court both sides will have their own solicitors. Let them give legal advice, it's what they're trained for
 
N

nickblake

  • Thread Starter Thread Starter
  • #9
When i do a EICR on a rented property i bite my lip and if asked is it safe then i say you have to speak to the landlord
 
S

Swicade

  • Thread Starter Thread Starter
  • #10
As/if it's the Landlord paying for the work then the test certs are the landlords property...simple as that really as the contract is between you and the landlord only.

If further copies are required then a tenant will always have to request one from thier landlord.
 

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