EICR work required but I have a section 21 problem tenant?

EICR work required but I have a section 21 problem tenant?

10:09 AM, 16th February 2021, About 7 months ago 47

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Where do you stand if EICR work might need doing, but you have a broken relationship with a problem tenant who scared the electrician away and stated no electrical work will be done in the house?

A satisfactory report was given last June with a recommendation to install sockets in bedrooms due to there only being one socket currently in the bedrooms (this has obviously dragged on so long due to covid). The tenant was served a section 21 for various reasons including subletting, so I had no choice, but to ask them to leave. They are due to leave on the 1st April, but I know they will hang on>

I have the texts from them saying no electrical work will be done. I also had the same issue with the gas inspection due.

Where do you stand with these situations?
Many thanks

Darryn



Comments

by Paul Shears

10:40 AM, 16th February 2021, About 7 months ago

"A satisfactory report was given last June with a recommendation to install sockets in bedrooms due to there only being one socket currently in the bedrooms"
What the hell is going on here? Just when did a forcibly employed bureaucrat acquire the right to influence how many sockets a room has?

by RODNEY CRABB

10:40 AM, 16th February 2021, About 7 months ago

Text messages will be enough. It's a safety issue for your contractors and you've made reasonable efforts to gain entry. Wouldn't worry about it

by silversurfer2017

11:54 AM, 16th February 2021, About 7 months ago

Why not get the electrician who was scared away and refused entry to send you a detailed email to that effect? Just be extra evidence, if needed, that you did your best to comply with the regulations.

by Seething Landlord

12:25 PM, 16th February 2021, About 7 months ago

If it was a C3 recommendation there is no obligation to act on it.

by Chris @ Possession Friend

12:27 PM, 16th February 2021, About 7 months ago

We would advise ( in addition to what's be suggested above ) that an Injunction for Access be sought. I know it involves a small court fee, but it gives that absolute level of protection from enforcement action for not having an EICR.

I would also refer to it in your Possession proceedings, especially at the Review hearing.

( By the way, on separate matter, we've just posted on our facebook page about Tenant Loans v Debt Breathing Space. )

by David

12:33 PM, 16th February 2021, About 7 months ago

The prevention of the electrical work is not really an issue for the notice as it doesn't invalidate a s21. However, preventing access for the gas safety inspection might. If the tenant argues that the legislation prohibits the use of a s21 notice where the Gas Safety Regulations have not been complied with, then the judge will probably be forced to agree. Is the tenant in rent arrears? Is there any anti-social behaviour?

by clarkydaz

14:29 PM, 16th February 2021, About 7 months ago

thankyou for the helpful comments. the extra sockets were recommended as there are extension leads across the rooms (old terrace). I assumed this was part of the new regulations, that more than one socket in a room would now be compulsory. So is the work not actually needed if eicr report last year was satisfactory?

long term tenant who moved girlfriend and her teen daughter in without saying. (both adults receivng benefits). Offered them an application for a new lease which they didnt sign off the credit check. Rent has been undervalued for the local market, so said for 2 people will i'd be raising the rent accordingly which they refused to accept. So technically he has been paying the original rent and not the rent increase since around last june

by clarkydaz

14:32 PM, 16th February 2021, About 7 months ago

and yes it appears to be a C3 recommendation for the extra sockets

by steve p

20:36 PM, 16th February 2021, About 7 months ago

Reply to the comment left by Paul Shears at 16/02/2021 - 10:40
"What the hell is going on here? Just when did a forcibly employed bureaucrat acquire the right to influence how many sockets a room has?"

An EICR is a report on the electrical safety of a property, if there are not enough sockets then the sockets that are there will likely have extension leads and often extension leads off extension leads, this can cause a safety issue so yes it is in scope of an EICR, electrical usage has changed over the past 30-40yrs.

by Seething Landlord

22:49 PM, 16th February 2021, About 7 months ago

Reply to the comment left by steve p at 16/02/2021 - 20:36My understanding is that an EICR is a report of inspection and testing carried out to establish whether the installation meets the standards for electrical installations in the eighteenth edition of the Wiring Regulations (BS7671:2018). That at least is the requirement for the report prescribed by The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
Could you please enlighten me as to what the Wiring Regulations say about the number of sockets required? I have not previously seen or heard anything to suggest that such a requirement exists.

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