Hi everyone,
I recently moved out of my rented property, and as expected, my landlord is attempting to withhold a significant portion of my deposit. One of the charges she's insisting on is £300 for an electrician to conduct an EICR test.
Here's the situation: I'm a qualified electrician, and during my tenancy, I simply swapped the upstairs bedroom light with the living room light. I didn't tamper with any wiring; I only changed an accessory. My understanding is that no certificate is required for this kind of minor change, as there were no alterations to the wiring.
I've tried explaining this to my landlord, but she's adamant about the charge. Now, I've escalated the issue and filed a dispute with TDS (Tenancy Deposit Scheme). However, I'm hoping to get some additional confirmation and possibly a reference to the regulations that support my stance.
Can anyone confirm if I'm correct in my understanding? And perhaps provide a specific part of the regulations that backs up my argument?
Thank you in advance for any advice or insights you can offer!
You don't say where you are, but in England, there has to be an EICR done at least every 5 years, and you as the tenant must be supplied with the report within 28 days of the test, and to any new tenant prior to the tenancy.
This is under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 - SI 312(2020).
There is no legal requirement to have an EICR completed upon a change of tenancy/occupation, but there are some recommendations to do so.
However the landlord has a responsibility to ensure that the electrical installation remains in compliance with the standards throughout, if you have carried out modifications, then it would be reasonable for the landlord to be concerned that they may not be to standard, (yet it is their responsibility to ensure that it is).
Looking at it from the landlord's pov - a tenant has modified the electrical installation without permission, the landlord has no idea what has been done - perhaps much more than they have spotted themselves, nor to what standard these modifications have been done! Yet it's the landlord's head on the block!
If I were the landlord, I would be looking to get it checked over - and pass the cost to the tenants who carried out the unauthorised modifications.
I (as a landlord) might automatically get a new EICR upon a change of tenancy as a matter of course - just so I am not exposed in case something has been done - in which case, that's just part of business and wouldn't look for additional costs from the tenant.
I understand it from your pov as well, you know what you have done is very limited, and being saddled with the costs appears unfair, but unfortunately as you didn't get the modifications approved, nor get (or issue) a minor works certificate; it pretty much leaves you open. Had there been prior approval or evidence of the work being done to standard - you might have a fair argument.
I think your best argument is that basically the landlord has to get a 5 year EICR done one year early, so perhaps 1/5 of a contribution of the cost, - £60 - that would sit well at arbitration.