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 7 months ago 99

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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



Comments

by Ian Cognito

11:11 AM, 14th May 2021, About 7 months ago

Reply to the comment left by michaelwgroves at 14/05/2021 - 10:51
Inbuilt sensor that monmitors CO 24/7 is great, but likely to require an annual calibration check.

by Old Mrs Landlord

11:16 AM, 14th May 2021, About 7 months ago

Reply to the comment left by Mike at 14/05/2021 - 10:22
Yes, I'm sure all that and more is just around the corner once you technological geniuses put your mind to it. I'm not so sure gas will be totally consigned to history in 20 years' time but I am quite confident none of these matters will any longer concern me in the slightest.

by michaelwgroves

11:26 AM, 14th May 2021, About 7 months ago

Reply to the comment left by Mike at 14/05/2021 - 11:09
It's only a problem if you don't get boiler inspected as per legislation.

by Seething Landlord

11:32 AM, 14th May 2021, About 7 months ago

Reply to the comment left by michaelwgroves at 13/05/2021 - 18:16
Your re-statement of the Regulations is incomplete and perhaps a bit misleading as you have omitted Regs 3 (1) (b) and 3 (2): "ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person", regular intervals meaning "(a) at intervals of no more than 5 years; or
(b) where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report."

The private landlord has no discretion about when the inspection and testing take place, he is bound by what the last report says.

The only matter left to his discretion is the frequency of intermediate "routine checks".

by michaelwgroves

11:37 AM, 14th May 2021, About 7 months ago

Reply to the comment left by Seething Landlord at 14/05/2021 - 11:32
But as the responsible person, he can dictate the frequency in the report. Then yes, he needs to abide by what he says.

by Seething Landlord

12:23 PM, 14th May 2021, About 7 months ago

Reply to the comment left by michaelwgroves at 14/05/2021 - 11:37
I don't think so, stating the date of next inspection is the responsibility of the "qualified person".

The term "responsible person" has no defined meaning in the Regulations and does not appear in them so simply adds confusion.

by Chris @ Possession Friend

12:34 PM, 14th May 2021, About 7 months ago

What it does show is that MHCLG couldn't draft a door let alone legislation. !

by michaelwgroves

12:35 PM, 14th May 2021, About 7 months ago

Reply to the comment left by Seething Landlord at 14/05/2021 - 12:23(3) Following the inspection and testing required under sub-paragraphs (1)(b) and (c) a private landlord must—
(a)obtain a report from the person conducting that inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;
I agree the qualified person must produce the report, but it is the responsible person who advises which date is put on the report.
The responsible person is the only person able to do this. The qualified person only has knowledge of the fixed wiring he has tested, not what the property will be used for and any maintenance schedules that might be undertaken.
The legislation simply points to the 18th edition for the details on testing and form contents. The 18th edition talks consistently about the responsible person.

by Seething Landlord

12:53 PM, 14th May 2021, About 7 months ago

Reply to the comment left by michaelwgroves at 14/05/2021 - 12:35"I agree the qualified person must produce the report, but it is the responsible person who advises which date is put on the report."
Where do you get this from? It makes a nonsense of the whole testing regime if the landlord can override the professional judgement of the qualified person in setting the date for the next inspection.

by Seething Landlord

13:07 PM, 14th May 2021, About 7 months ago

Reply to the comment left by michaelwgroves at 14/05/2021 - 12:35
Sorry, I overlooked your final paragraph.

I think we are back to where this debate started but what you are now saying is that the qualified person and landlord can come to whatever agreement they choose regarding the date of next inspection. You are therefore no longer insisting that "on change of occupancy" (whatever that means) has to be included.


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