Management Company has got involved with the EICR?

by Readers Question

9:23 AM, 11th March 2021
About a month ago

Management Company has got involved with the EICR?

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Management Company has got involved with the EICR?

Hi Everyone, Last May I engaged an electrician to investigate a fault in my tenanted London flat. After many visits and tests, it became clear to him that there were problems with the old wiring systems, beginning outside the flat in the courtyard where the electricity supply enters the whole building. Naturally, he was unable to issue a EICR.

At my request, the Management Company became involved, and subsequently commissioned a survey of the electrics in the entire building, with a view to deciding how to deal with the out-dated and faulty wiring and to determine who would be responsible for that expense. There are other flats similarly affected by the ancient cabling. Ten months later the Management Company, despite my very regular promptings, has not yet produced a report or plan for the repair and upgrade of the building’s electrical system.

I am acutely aware that I must supply my tenant with a valid EICR by 1st April, but am unable to do so until the work on the whole building is done and my electrician is satisfied that the installation in my own flat is safe. There must be other landlords in the building with the same problem.

Of course, I don’t want to fall foul of the law and I do want to protect my tenant, but there’s no way I’m going to be able to get an EICR in time. Is there anything I can do about this, and does the Management Company have any responsibility here?

Thanks in advance
Nancy

Comments

Darren Peters

10:17 AM, 11th March 2021
About a month ago

I'm not an electrician and this is just personal opinion but surely the EICR for your apartment should only test what's inside your apartment.

If your consumer unit (fusebox) has surge protection then the only risk should be that the supply cuts off. It shouldn't be possible for any problems outside the apartment to find their way into your domain assuming all of your wiring is correct. Again just an opinion so it would be worth contacting NICEIC for clarification:
https://www.niceic.com/contact-us

I can't comment on the fact that the management company/Freeholder are dragging their heels but perhaps NICEIC can further clarify whether there's a legal requirement for them to take action more quickly.

BernieWales

10:20 AM, 11th March 2021
About a month ago

Whether the 'management company' has a responsibility or not, will depend upon the wording of your lease. I suspect in reality it will be the freeholder who has some responsibility - and the managing agent is merely acting on their behalf.
I'm happy to read your lease if you send it over.

Jontyv

11:03 AM, 11th March 2021
About a month ago

Hi, I am an electrician and a landlord and a lot of my works is in blocks of flats working both for the leaseholders and the managing agent. It is my understanding that the DNO, the Distribution Network Operator (not the same as your "supplier"), is responsible for ensuring the safe supply of electricity up to the point of your meter. Between the meter and your consumer unit (fuseboard) and then all the property wiring from there is your responsibility. However if the bad wiring is your side of the meter but in the common parts of the building the management company has a responsibility under fire regulations. You would have to pay ultimately for remedial work, probably in service charges.
If the bad wiring is on the other side of the meter then the DNO will have to replace it. To contact your DNO in emergency you can call 105 or you can find the non-emergency number on google (depends on where the property is and also there is a code number on the meter that identifies the DNO).
My understanding of the EICR report is that it relates to the fixed wiring within the flat only although the electrician visually inspects and comments on the supply and intake equipment it will not result in an "unsatisfactory" report. I believe your electrician has misinterpreted the scope of the EICR and should be able to issue the report assuming your internal fixed wiring is safe.
Finally if you can show correspondence or evidence that the management company has agreed to act but has failed to do and you have done all you can reasonably be expected to do you should be covered.

Seething Landlord

11:55 AM, 11th March 2021
About a month ago

"My understanding of the EICR report is that it relates to the fixed wiring within the flat only although the electrician visually inspects and comments on the supply and intake equipment it will not result in an "unsatisfactory" report. I believe your electrician has misinterpreted the scope of the EICR and should be able to issue the report assuming your internal fixed wiring is safe."

If you follow the definitions in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 I think you will conclude that the EICR should include wiring from the meter to the consumer unit, wherever the meter is located:

“electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010, which reads:

“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter; (Building Regs 2010 S2 (1))

Puzzler

7:41 AM, 13th March 2021
About a month ago

The block is required to have a 5-yearly EICR independent of each flat, enforced by the local authority

EECLondon

8:27 AM, 13th March 2021
About a month ago

If the external resistance (before the meter) is to high then the fuses in the CCU may not operate, so it will depend on what is the problem recorded on the EICR. This may be overcome by changing the fuses/ circuit protective devices in the CCU. If it is (VIR type ) cable before the meter it will attract attention from the inspector but it should not be a failure of the domestic installation. If it VIR cable then the inspection report may warrant a shorter interval on the EICR.


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