Informing Local Authority of EICR?

Informing Local Authority of EICR?

9:54 AM, 1st February 2021, About 6 months ago 24

Text Size

Re. EICRs, from the .gov site click here

We must:- Supply the local authority with a copy of this report within 7 days of receiving a request for a copy.

-Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works.

Does the last part mean only if the LA previously requested a copy, or after all remedial works even if they didn’t?

Many thanks

Doug



Comments

by Seething Landlord

1:12 AM, 4th February 2021, About 6 months ago

Reply to the comment left by Old Mrs Landlord at 03/02/2021 - 15:28
No, it's only an UNsatisfactory report that has to be sent to the local authority.

by Seething Landlord

8:37 AM, 4th February 2021, About 6 months ago

Reply to the comment left by Seething Landlord at 04/02/2021 - 01:12
To be clear, the landlord also has to supply a copy of the EICR to the local authority if they request it, regardless of whether it is satisfactory or unsatisfactory.

by michaelwgroves

10:04 AM, 6th February 2021, About 6 months ago

I am an electrician and landlord.
I think the Government guidance is contradictory on supplying copy to council. I think we'll need a court case for clear definition.
However, Government is clear on use of EICR 'or' EIC. The reason it refers to a 'report' is because you can use either.
"Landlords can provide a copy of the EIC to tenants and, if requested, the local authority. The landlord will then not be required to carry out further checks or provide a report for 5 years after the EIC has been issued, as long as they have complied with their duty or duties under the Regulations."
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
They are interchangeable for this purpose. However, if you get an unsatisfactory EICR, and the electrician gives you an EIC for remedies, you 'DO NOT' need to provide both. Remember, they are interchangeable. So you would only need to supply EIC. However, if Electrician gives you a minor works certificate, in this case you must supply both.

by Seething Landlord

11:08 AM, 6th February 2021, About 6 months ago

Reply to the comment left by michaelwgroves at 06/02/2021 - 10:04
In my view the Regulations are crystal clear in relation to when a copy of the report must be given to the LA. The wording is precise and unambiguous, which cannot be said for other parts of the Regulations.

The confusion and uncertainty has been created by the various supplementary publications from government and others, including the guidance you referred to, none of which have statutory authority. They cannot override anything that is contained in the Regulations.

by Seething Landlord

12:49 PM, 6th February 2021, About 6 months ago

Reply to the comment left by Seething Landlord at 03/02/2021 - 12:02
There is confirmation of the point about the (non)applicability of the Regulations to existing tenancies during the transitional period ending 1st April 2021 at
https://nearlylegal.co.uk/2020/01/electrical-safety-checks-soon-with-added-regulation/#comment-6205725

by michaelwgroves

13:32 PM, 6th February 2021, About 6 months ago

Reply to the comment left by Seething Landlord at 06/02/2021 - 11:08
I disagree it is clear, you can read it to fit your requirements.

1) Supply the local authority with a copy of this report within 7 days of receiving a request for a copy. - This is clear and unambiguous.
2)Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works. Does this mean only if you have been asked for a report, or in any event. What if you decide to upgrade electrics for the fun of it, do you supply a report?

The list of requirements are separate bullet points, there are no 'AND' or 'OR' So I think you read them singular, but may they meant to put AND. So in my eye's it's not clear. The fact that we disagree on the requirements does not make either of us right or wrong, it just confirms they are not clear.

by city boy

13:43 PM, 6th February 2021, About 6 months ago

I had exactly this situation with 2 councils ... I sent them the copy of remedial works within 28 days, and confirmation from electrician all works had been completed.
Both councils had no idea of the legislation, Southwark passed me to housing and then building control - absolutely clueless ... and both said why are you sending us this? Kind of hard to obey the rules when faced with total incompetence.

by Gunga Din

13:53 PM, 6th February 2021, About 6 months ago

Similar bewilderment at Hartlepool BC. I went first to BC then Housing.

by Seething Landlord

14:46 PM, 6th February 2021, About 6 months ago

Reply to the comment left by michaelwgroves at 06/02/2021 - 13:32
I think you are quoting from the guidance notes rather than the Regulations themselves.

That illustrates my point, the Regulations are clear but the guidance notes are ambiguous, unclear and do not accurately reflect what is required by law.

by michaelwgroves

14:52 PM, 6th February 2021, About 6 months ago

Reply to the comment left by Seething Landlord at 06/02/2021 - 14:46
What are the regulations you are referring to?
The fact there are guide notes seems to suggest the regulations need explaining?


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER