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 A year 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

Charles Baker

7:16 AM, 7th March 2021, About A year ago

The problem we have is one of insurance.
No entry to carry out CP12 or EICR means you will not get your insurance renewed, it's happening to us and although a S21 wil succeed if enough evidence is shown regards attempts made to tenants, if your insurance runs out you are open to a world of litigation and losses.
You can call anyone you like, we have, the police, the environment heath, the utility company, the national grid, the NRLA. No one can get passed tenants if they REFUSE to allow access other than court proceedings.
But your insurance has expired! What next?

Seething Landlord

11:34 AM, 7th March 2021, About A year ago

Reply to the comment left by Charles Baker at 07/03/2021 - 07:16
It sounds as though your only option is to seek a court order requiring the tenant to grant access.

Charles Baker

11:58 AM, 7th March 2021, About A year ago

Reply to the comment left by Seething Landlord at 07/03/2021 - 11:34
Thanks for your comments.
We've thought if that too, but they could still deny access.
The reason for them denying access is because they are classed as extremely clinically vulnerable, and have also said that they will still shield even after government shielding has ended.
In between all of this we remain in a precarious position of having no insurance!

John P

14:39 PM, 8th March 2021, About A year ago

I'm surprised nobody has mentioned the National database of competent electricians available at https://www.electricalcompetentperson.co.uk/.
This distinguishes between competent to install and competent to test.
There's also the publicly available Best Practice Guide to EICRs at https://www.electricalsafetyfirst.org.uk/media/2149/bpg4-1.pdf, which I beleive is published by, and certainly promoted by EICECS. This specifically states that Inadequate number of socket-outlets is not codeable and then goes on to add: (Note: A Code C3 or, where appropriate C2, if extension leads run through doorways, walls or windows, or under carpets, or are otherwise being used in an unsafe manner.)

Seething Landlord

0:00 AM, 9th March 2021, About A year ago

Reply to the comment left by Charles Baker at 07/03/2021 - 11:58
Why do you think that they could still deny access if you get a court order requiring them to allow access?

Can you not persuade them that the risk of being blown up, incinerated or electrocuted if there is a gas or electrical fault is greater than the risk of being infected by a tradesman who is taking all the recommended precautions?

michaelwgroves

8:54 AM, 9th March 2021, About A year ago

Reply to the comment left by John P at 08/03/2021 - 14:39
Don't get too hung up on https://www.electricalcompetentperson.co.uk/, you have to pay to advertise you can do EICR's. This is run by the CPS's as a money making exercise.
Maybe use it as a short list, then go direct to the electricians CPS to see if they can indeed do EICR's.

Charles Baker

9:29 AM, 9th March 2021, About A year ago

Reply to the comment left by Seething Landlord at 09/03/2021 - 00:00
So we have been advised that even with a court order, they can still refuse access. They risk a prison sentence, but they can still refuse you access. All the tenant needs to do close the door on you. Unless there is a breach of the peace, the police will not intervene. Ultimately an arrest warrant could be sought I suppose. To answer your point regarding persuading them, nothing will change there position. We have literally tried every avenue. We accepted their point of view, but we have had to change our opinion based on us not now having insurance. We have seved a S21 and are selling the property.

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