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Share your dilemmas and get honest opinions from other Mumsnetters.

Tenants accepting (overdue) safety certificates- how to proceed

60 replies

DoubleShotEspresso · 27/02/2024 13:47

Hello,

Posting here as I cannot find another relevant category and figured traffic here may be better.

We are tenants, were provided all required safety certificates when we moved in, but these expired some (years) ago. Managing agent hurriedly arranged new inspections at the time we were being issued new contract (rent increase) and out property failed on both gas and electricity.

Recommended works were completed, but only some time after we signed a new tenancy agreement. We suspect the intention was perhaps to facilitate the possible use of a section 21 at some point in the next year but understand this is now not possible due to late issue of gas safety certificate. (After our new tenancy agreement was issued and signed).

So my questions here please:

-Is our landlord in breach for us not having had checks done for some years? If yes, what consequences could they face?
-Should we sign for an electrical certificate issued prior to signing new tenancy agreement even though the works are only being completed now? Can we/should we refuse?
-Can tenants seek compensation in situations such as this? (No intent here but interested to know the gravity here as being made to feel crazy whenever I raise a question on this)
-What consequences exist for landlords who fail to hold current gas safety certificates mid tenancy?

N.B No desire on my part for any conflict or at all to leave our home, but we do have some very real concerns as to the safety here but have no clue how to judge this.
Would be very pleased to hear from anyone kind enough to share some qualified wisdom! Thanks for reading.

OP posts:
laclochette · 27/02/2024 19:10

I am finding your thread very confusing.
Is the crux of the matter that you believe the certificates to have been issued fraudulently in some way ie when the situation is not one which would actually pass certification?
You can request copies from your agent so I would start there. Review them and then you know where you stand.

GrannyAchingsShepherdsHut · 27/02/2024 19:39

OP, the electrical certificate (EICR - Electrical Installation Condition Report) is the report. What is it you actually have? If you know what the needed works are, what are they written on?

caringcarer · 27/02/2024 20:25

DoubleShotEspresso · 27/02/2024 18:52

Please see my responses upthread re certificates.
Very good to read how you look after your tenants, in all the years I have rented I have never been given a first aid kit, but that's very kind of you ;-)

What is the purpose of you getting your tenants to sign for the docs please?

Basically I get tenants to sign to cover myself. If they were to be troublesome tenants I can evict as I can then prove all documents were given not just at the beginning of tenancy as is required by law, but I reissue at beginning of each year if tenancy extended as rented for 1 year fixed term then extended for a further 1 year if tenants wish. I give smoke alarms in all bedrooms and first aid kit and fire blanket because I let my rental houses to families with DC and I want to be certain I've done everything I can to keep them safe.

DoubleShotEspresso · 27/02/2024 21:51

caringcarer · 27/02/2024 20:25

Basically I get tenants to sign to cover myself. If they were to be troublesome tenants I can evict as I can then prove all documents were given not just at the beginning of tenancy as is required by law, but I reissue at beginning of each year if tenancy extended as rented for 1 year fixed term then extended for a further 1 year if tenants wish. I give smoke alarms in all bedrooms and first aid kit and fire blanket because I let my rental houses to families with DC and I want to be certain I've done everything I can to keep them safe.

Thanks, it was the purpose of signing that baffled us, your response here is what we suspected, we could not figure out why this was suddenly and so urgently required, this makes perfect sense thanks. We were a bit worried about assuming responsibility for the wiring in particular ... but seems this is not what it is all about.

OP posts:
PrincessTeaSet · 27/02/2024 23:09

If they are not complying with the law, you signing something doesn't absolve them. What are the specific issues you are concerned about?

Gas safety is a 5 minute check of boiler and any other gas appliances, they don't actually do anything so if it's up to date now then you don't need to be concerned.

No idea about electrical safety as our rental property has never had one - I didn't know it was required until this thread

GrannyAchingsShepherdsHut · 28/02/2024 07:29

I really don't understand. If you don't have the EICR, what are you signing?

Cookiedefender · 28/02/2024 08:10

GrannyAchingsShepherdsHut · 28/02/2024 07:29

I really don't understand. If you don't have the EICR, what are you signing?

EICR has a box for anyone present to sign in, it is just a little bit of cover if say the tenant said "your electrician didn't come here on that day" sort of thing.
It doesn't make an iota difference to the validity of the report.

@PrincessTeaSet If you mean you are the LL, then you are leaving your self wide open to a fine of up to £30,000, it has to be done BEFORE any tenancy starts, without it, a court may decide that you cannot enforce a sect 21 eviction.

Araminta1003 · 28/02/2024 09:27

The biggest risk for landlords is that the insurance would not be valid if it can be traced back to an issue highlighted in an EICR. As others have said, often it is things like a fuse box upgrade that is marked as a C1. It is not actually all that dangerous necessarily and a large amount of homeowners will have fuse boxes that may fail too. They should really make it compulsory for all homeowners including gas safety - but that would not be politically acceptable as people do not want to spend the money every year/every 5 years and upgrade their fuse boxes.
I think that may also be why there are enforcement issues.

In theory, if you make a small change to the exterior of a grade 2 listed building you can incur criminal charges and fines. In reality, not all councils prosecute or take this seriously. It is usually neighbours kicking up a fuss and forcing the council’s hands when something is actually enforced.

The question for the OP is whether the property is safe or not primarily. I would also check fire safety, smoke alarms, CO2 and make sure you know your escape routes in the event of fire. In reality, the most dangerous thing is leaving tumble dryers on and the fluff catching fire.

GrannyAchingsShepherdsHut · 28/02/2024 22:55

Cookiedefender · 28/02/2024 08:10

EICR has a box for anyone present to sign in, it is just a little bit of cover if say the tenant said "your electrician didn't come here on that day" sort of thing.
It doesn't make an iota difference to the validity of the report.

@PrincessTeaSet If you mean you are the LL, then you are leaving your self wide open to a fine of up to £30,000, it has to be done BEFORE any tenancy starts, without it, a court may decide that you cannot enforce a sect 21 eviction.

I don't think that's what this is, OP said they're being asked to sign now in reciept of all the certs, including electrical that was issued before the tenancy was renewed, but before remedials were done - which are in progress.

But now OP says they don't have the EICR so I don't understand what it is they're signing for reciept of?!

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