New EICR to cover any changes made by outgoing tenant?

New EICR to cover any changes made by outgoing tenant?

10:00 AM, 4th May 2021, About 3 years ago 139

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If a tenant moves on should I get a new EICR? I presume if you don’t then the landlord becomes legally responsible for any change that may have occurred during the previous tenancy?

I know it’s not normal for tenants to change the wiring, but they do change light fittings and adjust wiring sometimes without informing the landlord.

Is this an area landlords could get caught out with?

Many thanks

Peter


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Comments

Daveknowstheregs

17:11 PM, 2nd January 2022, About 2 years ago

“I used to be of the same opinion as you, but after a long debate with Seething Landlord, we were able to c. onclude what is actually required.

it’s the responsible persons job to decide the frequency.”

Which opinion do you disagree with me on, sorry? I never put change of occupancy any of my EICRs, but I am entitled to put a 1 year limit, if I choose it relevant, for safety. This choice would probably lose me work, which I am perfectly happy with.

I am wondering if The NRLA will effectively support me, an electrician, if I make the mistake of putting a 5 year maximum term, when the rental property’s electrical installation is showing obvious signs that it is clearly being neglected by the landlord?

I think I’ll stick with being cautious, job or no job. The safety of the tenant comes first, every time.

michaelwgroves

17:41 PM, 2nd January 2022, About 2 years ago

I disagree with "I am entitled to put a 1 year limit, if I choose it relevant, for safety. " as does MHCLG and NAPIT. You are not the "responsible person", you are the electrician. You can recommend 1 year, but it's not your decision what goes on the certificate. The risk assessment you must go through is to help the responsible person decide. If the responsible person disagreed with my recommendation, I would put what they want on the certificate, but I would put my concerns in writing.
Who is your CPS, what do they say ?

Daveknowstheregs

10:07 AM, 3rd January 2022, About 2 years ago

Reply to the comment left by michaelwgroves at 02/01/2022 - 17:41
Let me get this right. You are the qualified inspector of the electrical installation, but to quote michaelcgroves, "You are not the "responsible person", you are the electrician. You can recommend 1 year, but it's not your decision what goes on the certificate."

Did I just read that right? Seriously? Are you joking mate?

The EICR declaration has the inspector's signature on it, along with his recommended date of re-inspection, which again can be limited to 1 year, if the inspector decides this relevant. The unqualified landlord has no legal say in this matter, at all, but is very welcome to go elswewhwre, in the hope of a less thorough approach from another electrician, lowering electrical safety standards.

It's when a tenant dies, that the real law begins and BS7671 will be referenced in the court by the prosecuting lawyer, absolutely! The judge will then decide and good luck, especially if the installation is neglected and isn't safe enough.

michaelwgroves

11:11 AM, 3rd January 2022, About 2 years ago

I'm very serious, and I actually agree with you, but NAPIT are very clear, it is the responsible persons decision. And as I'm under NAPIT CPS, I need to follow their guidance.
I still think this is a grey area, as the EICR says "I/we recommend that the installation is further inspected and tested by" and the electricians signature follows this.

Who is your CPS, have you asked them?

Seething Landlord

11:14 AM, 3rd January 2022, About 2 years ago

Reply to the comment left by Daveknowstheregs at 03/01/2022 - 10:07
Rather than getting hung up on the "date of next inspection" issue, which I am happy to leave for you electricians to sort out amongst yourselves as long as you do not include "change of occupancy", isn't the answer to ensure that you give any dodgy findings the appropriate C or FI code?

It is the adequacy of your report that will be judged against BS7671 so you had better make sure that you do not miss anything, because your client (the landlord) can justifiably rely on the EICR to demonstrate that he has taken all reasonable steps to ensure that the electrical installation met the electrical safety standards at the time of the inspection.

Bear in mind that any code other than C3 requires the landlord to get it sorted AND to send a copy of the report and confirmation of completion of the work to the Local Authority, which has the duty to enforce the Regulations and impose penalties or take remedial action as appropriate.

Daveknowstheregs

17:03 PM, 10th January 2022, About 2 years ago

Reply to the comment left by michaelwgroves at 03/01/2022 - 11:11
michaelwgroves said, “I still think this is a grey area, as the EICR says "I/we recommend that the installation is further inspected and tested by" and the electricians signature follows this.”

Just FYI, this is absolutely black and white mate. The inspector decides a date of next inspection. The inspector shall not be influenced on what date to put on HIS signed report. The unqualified landlord has no say whatsoever on the date of next inspection on the EICR report.

michaelwgroves

17:15 PM, 10th January 2022, About 2 years ago

Reply to the comment left by Daveknowstheregs at 10/01/2022 - 17:03
This appears to be your understanding only, it is not the understanding of of the Government, NRLA and NAPIT. Unless you can provide 'evidence' to contrary, you are not following the correct guidance.
Are you part of a CPS, you seem to keep ducking this question?

Daveknowstheregs

17:39 PM, 10th January 2022, About 2 years ago

Reply to the comment left by michaelwgroves at 10/01/2022 - 17:15
You can disagree with me all you want mate, but I suggest that you ask a qualified solicitor, to make you see common sense. If an inspector signs his EICR, then it is HIS recommended date of next inspection, his only.

Ask NAPIT, I did!

Reluctant Landlord

17:59 PM, 10th January 2022, About 2 years ago

as a LL and a totally unqualified electrician, I employ a qualified electrical to carry out such compliance checks on my behalf. I am ultimately led and guided by their recommendations. If the EICR passes and the electrician gives it a pass with a 5 year recommendation then as far as I am concerned they have put pen to paper and in their professional opinion at the time they determined of their own free will what they believed was a safe system. If by definition the electrician had any issue with something failing, this would be noted on the report and it would be up to the LL to take action. Same with a Fire Risk Assessment to some degree. To employ a professional to do a job in all walks of life suggests you defer to another's opinion when you yourself are not qualified in that area. There is always a basis of trust but when an official document such as an EICR is relied on for compliance. It is expected that all electricians adhere to this as a result of their own certification/qualification and clear objective to provide a report that ensures safety is adhered to and standards upheld.

Daveknowstheregs

18:14 PM, 10th January 2022, About 2 years ago

Reply to the comment left by DSR at 10/01/2022 - 17:59
An inspector may, at HIS recommendation, pass an EICR with a 1 year recommendation. This is up to the inspector and nobody else. It tells you that the installation has passed, but there is an issue that needs to be watched more often than once every 5 years.

Go back to your MOT metaphor, which is not great, but say that at the time of MOT, the tyres have 2.5mm tread left on them, the MOT inspector will PASS your car, but you know the tyres won’t last and soon your car becomes dangerous.

This is not rocket science, deterioration of an electrical installation takes time and this may be less than 5 years!

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