Help! Tenancy without satisfactory EICR?

The responsibility always stays with the landlord.

Remedial works for fault coded C2 on the report are supposed to be done within a couple of weeks of a failed EICR.

The fines can be up to £30k but I wouldn’t worry too much but I would not delay the remedial works.

Many electricians incorrectly fail consumer units with a C2 when it should be a C3. Anybody would think they want the extra work.

All the info you need is online…
https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

Upon receipt of an unsatisfactory EICR then you should have had it remedied before tenants were put in. The agent should not have placed them before that.

An unsatisfactory EICR is not an EICR and thus you are in breach of landlord law. The responsibility lies with you not the agent.

From the Openrent website:

"Is there a fine for not having an EICR?
Landlords who fail to conduct an EICR (and any work it recommends) before a new tenancy commences will face a fine of up to £30,000. Local authorities are responsible for enforcing these rules, as specified under the Housing Act 2004"

https://blog.openrent.co.uk/eicr-rules-for-rental-property/

Suggest you get one done asap, and served on the tenant.

Obviously it’s a poor service from the agents perspective to commence a tenancy without all the correct certificates in place BUT that does not negate or shift your responsibility as the landlord/managing agent.

The best thing you can do it get the advisories completed and satisfactory test certificate issued.

I doubt anyone will retrospectively go back and check your agreement and all the certificates so it’s probably nothing you should worry about but, definitely a learning point for future to check all your certificates are valid.

The buck always stops with the landlord. The agent acts as your “servant” but might be in breach of their duty towards you as a “professional servant”. But you have known about this for nearly a year.

If using as a find only service you should have done the works before allowing the tenant to to move in. Tenants rarely read the tenancy documents and are unlikely to have picked this up.

Are the tenants staying on under a periodic tenancy or new fixed term?

Get a new ECIR done and address the works identified on this report. Could look like you are being a diligent caring landlord!

Strapped Local Authorities look for easy ways to fill their coffers should this be brought to their attention

The biggest risk is that a future eviction notice could be challenged even to the point of financially rewarding the tenants.

Hi, contrary to another post on here a Consumer unit replacement can be a C2, it depends on the opinion of the inspector carry out the EICR.
The advice listed by the Safety Council is just that-advice.
Any C1 or C2 remedial works listed need carrying out, C1 items on the day of the inspection.
Your choice is to get another inspection or carry out all remedial works listed C1or 2, and perhaps some C3’s.
Remember that C3 items can become C2 items next time.

Thanks

Hi

Just had a EICR carried out, came back as unsatisfactory, with the following:

1 No Spd Present C3
2 Rcd Label States Quarterly Testing C3
3 No Circuit Chart Present C3
4 Ccu Is Made Of Combustible Material C3
5 Oversized Mcb At Circuit 12 C2
6 No Rcd Protection On First 4 Circuits C3

5 years ago, there was no problem, not even sure how the fuse now is over sized, when it was not before.

They are suggesting I should upgrade the whole unit to 18th edition. With a hefty cost attached.

Any advice please, thanks.

CP

C3 is just advisory. C2 have to be remieded within 28 days if I remember correctly. Ask why everything was satisfactory last time but not now ? 18th edition doesn't make things unlawful it's just the very latest standards which companies try and scaremonger with.

Thanks PH,

Its a different company, so I am guessing they will play that game. I have asked about the C2. Thanks

My first EICR was done by a company who tried the ' 18th edition ' tactics . They wanted to change the fuse box to metal and all sorts of other stuff but I'd already done my homework regarding the fuse box. It's plastic but on the outside wall not an exit route or underneath staircase so it's not in a dangerous spot. Other things were eyebrow raising and I sent the report to NICEIC who said the box is no more than a c3 at worst . I got another company in for their opinion who said the first report was nonsense. Yes I needed a little bit of work doing and unsurprisingly the 2nd company did it and saved me hundreds of pounds. I didn't even pay the first company for their ' check' as I told them it wasn't fit for purpose and the NICEIC agreed with me. Needless to say they didn't argue and never chased me for the money. They kept saying they can only test to 18th edition standard but as I said before that doesn't mean the electrics are now dangerous. These companies will rip you off and try to scare you quoting this that and the other but do your homework and you'll be one step infront.