House Has condemed electric

GaryMaguire

The house I have been renting for 5 years was given an electric inspection about 3 months ago where the electric was condemned. The house had an old fuse board, had some wiring done in reverse (negative & positive the wrong way round) Plus a lack of earthing around the house or on piping. Im a bit annoyed as for the past 5 years either myself or my wife could have been injured or worse still killed. When i pointed this out to the letting agent he got annoyed and the next thing i know i am getting a letter telling me that when my contract runs out I have to leave. I have an electric cert saying what was wrong, can i take this any further? i dont believe the property was safe to move anyone in but this letting agent obviously moved us in. The electric has all been sorted now.

Regards

Gary

pararct

What prompted the electrical inspection?
A lot of older houses would generate a report such as that particulary the earthing bonds. Did the report state the electrics were inherently dangerous?

Even if it did the work has now been done the landlord/letting agent does not need to give any reason at the end of a tenancy if they wish to discontinue it although it would appear in this case it is due to your interjection to the agent.

If you have been a good tenant always paid your rent on time ect then it may be worth going over the agents head and appealing direct to the landlord him/herself. They would have to incur fees to secure another tenant.
If the electrical inspection (and subsequent) work was due to a direct compliant from you then I wouldn't waste your time. Sounds tough I know but that is the way these things work. You have security of tenancy during your contract but as soon as it expires neither party are under any obligation to renew it.

G_M

The landlord/agent have responded to the electrical inspection by.... fixing the electrics. Job done.

When your fixed term contract expires it is a matter for both parties to wish to continue the tenancy. If one party does not, they can end the tenancy by following the correct procedure.

Ultimately it is the LL's decision (the agent just works for him) so talk to your LL about staying either on a monthly periodic tenancy or on a new fixed term.

GaryMaguire

OK, Fair enough. to be honest i probably dont want to stay in a house with an agent that has an attitude anyway. I will probably inform the landlord of the agent he is using, i understand from internet research that a letting agent can be fined up to £5k per incorrect electrical installation but this is an accident happens as a cause of it.

Problem i have now is the letting agent is wanting to carry out all the home upgrades before we move out. It will mean us letting people into our house (with expensive equipment and goods in) or me having to take time off work. Can they do that?

Benji

If the work is of an emergency nature, then yes they have a right of entry and can get the police involved if necessary.

If the work is not of an emergency nature then there is a clash between your rights and the landlords.
1) You have a right to quiet enjoyment
2) The landlord has a right to enter his property
If you refuse the landlord access, he would have to go to court to obtain a court order to allow access.

It is worth noting that your contract is with the landlord and any 'suing' would be to the landlord, not the agent who are (in effect) his employees.

G_M

Benji is right about the landlord's access rights and your right to privacy (quiet enjoyment of the property).

But you can't have it both ways. Either you are concerned about the electrics and want the work done:

either myself or my wife could have been injured or worse still killed.

or you feel safe living there and do not want workmen coming in till you have ended your tenancy.

tbs624

G_M - OP says that electrical work has been completed. Perhaps the "home upgrades" to which he refers cover a general tarting up of the property prior to the LL seeking to relet to a potential new ( non-complaining) T.

OP - can you confirm *what* work the LL wishes to have done during your Notice period?


Edit: For all Ts and LLs - guide to electrical safety in rented property here

GaryMaguire

Hi

We have lived in the property for 5 years without a single complaint. In that time we have taken half a week off work to allow for double glazing to be installed. completely re-done the garden. Replaced florescent lights that went wrong (whole unit). Lived with 5 years of condemned electric. Shower not working properly, Poor heating in the upper part of the house, 1 plug socket in each room. The work he is wanting to get done is installation of a power shower (for new tenants) Energy saving assessment for right move etc... Installation of further sockets in each room. I think its a bit out of order to expect us to take time off work while workmen pounce around the house doing work to benefit others.

I am in no way a regular complaining tenant, i just believe that many things have been done incorrectly. As soon as he heard my wife was pregnant he told us the rent would rise by 40%. I accept we were paying low rent to start but its not my fault that the letting agent didn't put an appropriate rise year on year. If things were done correctly from day one (i.e. dont let the house out while its potentially dangerous) then i would have no complaint. To me it is blatant incompetence, then un-professionalism asking for works to be done while we are still there. Do I really have to allow them to carry these works out?

Yorkie1

None of those works are items which require emergency access.

You are within your rights to refuse access to the LL / workmen, irrespective of what the contract or LA may say. Put this in writing. If you think they will disregard this, change the locks (retain the old ones to change back at the end of the tenancy). As others have said, the only way the LL can then override your wishes is with a court order.

That being said, there will be consequences if you have any desire to try to negotiate a further contract or (possibly) if you want / need a LL reference.

GaryMaguire

Thanks yorkie, Thats informative. I have been looking at a link on landlordzone which at present i am thinking of pursuing as i really do not like how im being treated. its about electrical safety on rented property and how the LL can be liable to a 5k fine for renting out a property that does not conform.

Im now being asked to make sure im about for a Energy Performance Certificate test. I think it is really taking the Mick. Sorry but this letting agent has really got my back up, not whats needed when your expecting your first child in 5 weeks time.

Yorkie1

An EPC isn't an emergency issue either, I don't think.

Sounds as though there's no intention for them to renew your tenancy. Have you been on a rolling contract since the first tenancy 5 years ago, or have you had several contracts through the time you've been there? If the latter, when did the last one start/ is it due to end?

Did you pay a deposit and is it protected?

Has the LL (or through a LA) ever sent you a formal notice of intention to regain possession, using the heading s.21 - or was it just a plain letter telling you to move out?

These all impact on your legal position.

But frankly, if you're expecting a baby in 5 weeks' time and are going to have to look for another place to live (which you will have to do, one way or another), then trying to get your LL fined for electric issues is something I wouldn't advise you to expend time and energy on.