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Electrocuted, by landlords washing machine
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The last inspection certificate I saw carried out to BS7671 for a new build recommended the installation was re-inspected within 5 years - this property is only 3 years old.
The following which also supports what you stated can be found in more detail on the following link:
http://www.landlordzone.co.uk/electrical_safety.htm
In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.
In order to do this we recommend:- Annual visual inspections by the landlord or agent - recording this on a safety checklist,
- Inspections on tenant change-overs, recording electrical equipment, its condition and fuses fitted - see PAT Testing
- Periodic inspections of electrical equipment by a qualified electrician.
- 5 yearly inspections by a qualified electrician to ensure safety and that the electrical system complies with current electrical regulations.
- Keep all records of these inspections.
It wouldn't suprise me if annual (or at change of tenancy) electrical certificates did at some point become manditory, if they did I would probably go and do a refresher course so I could carry them out myself.0 -
......Perhaps you should be taking the matter up with the electrical engineer who originally inspected the installation and provided the certificate. If the washing machine was not earthed then the other two appliances are not earthed either!
You might also want to investigate why, in a building that new, the RCD failed to trip preventing the burn marks you have photographic evidence of.
Or Bernadette and the TSO and TRO may just prefer to stick with looking where the responsibility to her as a tenant lies - that's with the LA and the LL, and no-one else0 -
Bernadette - ignore Premier’s sharp comments. S/he can make helpful posts sometimes but apparently lets property out him/herself and sometimes obviously finds it hard to take a balanced view, unlike other LL posters.
A couple of legal cases for you:
Drummond-Rees v Dorset County Council (1996) The LL has a property ready to let but the tenant refused to move in because of fears over the electrical items being unsafe & complained to the local Trading Standards Office. The TSO prosecuted the LL for supplying unsafe elec. goods to the property, which didn’t comply with Elec Safety Regs.
Just in case the LA tries to wriggle out of any commitments:
In Oxford an LA, Velma Shallow propr. Lytton’s Property Services, was prosecuted in April 1998 & pleaded guilty to supplying illegal electrical goods to tenants in accommodation that she had let out. The LL had employed the LA to manage the property but vital checks were not made prior to the student tenants moving in. The tenants contacted the council, the TSO seized items for testing & a fridge was found to be faulty , under the Consumer Protection Act 1987, involving Electrical Equipment (Safety) Regulations 1994 and Plugs and sockets (Safety) Regulations 1994.The magistrates fined the LA £1,625 & ordered her to pay £1,400 costs.
Pursue this by contacting those who have appropriate qualification/experience are local to you and can help you move things forward, rather than being swayed by any of us posting on here who do not know the full circumstances.
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[/FONT]You may also like to read here and here so that you have some background information on what LLs/LAs should be doing on eletcrical safety.[FONT="]
[/FONT]If you are on a low income you could try CLS direct who can give you phone advice on all of this or put you in touch with local lawyers.[FONT="]
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This is not about certification as such - the LL and the LA have a very definite legal obligation on the safety of electrical systems *and* appliances provided at the property. (Good LLs will always provide them anyway and if you let to students you have to,if you want to use the Uni accomms office/be classed as Uni approved.)Do not believe by law they have to be no - i appreciate it's a good few years since I was a lettings negotiator for a large and prestigious agent but no - I don't recall any legal obligation on their behalf to get certificates for each applicance in a property.
Certificates for gas I remember, but nothing like it for electrical applicances...
:rolleyes: Oh yes, definitely an LA/former LA viewpoint - a "goodwill check" ? OMG.As for what compensation... were you unable to work as a result? Was your income affected? will you be permanently scarred? If not then move on and just get them to appologise and maybe as a goodwill check all the other appliances in the property...0 -
Or Bernadette and the TSO and TRO may just prefer to stick with looking where the responsibility to her as a tenant lies - that's with the LA and the LL, and no-one else
From the same source as above:
Due Diligence
In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.
A private owner letting a single dwelling (not in the course of business) may have a defence, whereas an agent acting on his behalf will not. However, an agent merely introducing a tenant and not becoming involved in the inventory or management of the tenancy my well be exempt from liability.0 -
From the same source as above:
Due Diligence
In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.
A private owner letting a single dwelling (not in the course of business) may have a defence, whereas an agent acting on his behalf will not. However, an agent merely introducing a tenant and not becoming involved in the inventory or management of the tenancy my well be exempt from liability.
So if no tests were carried out on the equipment then NO reasonable steps have been taken...yes?0 -
bernadette2105 wrote: »[/i]
So if no tests were carried out on the equipment then NO reasonable steps have been taken...yes?
Well the trouble is there is no absolute rule (the above was merely an electrical expert's opinion), it would therefore depend upon a judge's opinion. That's why no one is coming up with a definitive answer because there isn't one.
Personally I wish they would just make it compulsory to have an electrical periodic check every 3 years, that way everyone would know where they stood (I'm a landlord by the way).0 -
The property was tested and there was a valid certificate in place (unless the installation was altered since build)bernadette2105 wrote: »[/i]
So if no tests were carried out on the equipment then NO reasonable steps have been taken...yes?"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
stevetodd wrote:...In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this...
Whilst I wouldn't fault this as a recommendation, it is not a requirement.
From the same link:
"There is currently no statutory requirement to have annual safety checks on electrical equipment as there is with gas, but it advisable to do so."
From what I remember of the appropriate legislation, the only requirement is that the installation should be safe, having been approved by a competant person if necessary.
Who is defined as competent is not specified in the legislation. There is no requirement to keep any records (although having such records would probably help in any defence should the need arise)"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
the only requirement is that the installation should be safe, having been approved by a competant person if necessary.
Well it cant of been approved by a competant or non competant person, otherwise it would of been fixed before commencement of tenancy?
Surely, with the property being empty for a certain ammount of time, and appliances being rented along with the property common sense would prevail and these would be checked?
I personally dont blame the LL, more the LA as they are the one's i have dealt with from the start0
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