Advice on tenant not allowing Electrical Certification

dj_factor

Hello all, please accept my humble apologies if i have posted in the wrong thread. My existing tenant of 4 years has plainly declined the Electrician to be allowed in the property due to concerns of shielding and the electrical certifications to be non essentials. I had booked for a couple of electricians last year in October 2020 to visit the property and do the required checks, one of them visited the property but then he let me down the last minute due to personal problems with his family. The other called the tenant in december last year and arranged with him to visit the property in Jan 2021 to do the relevant checks which they agreed. Back in Jan when he contacted the tenant, the tenant didn't allow him to visit for concerns of shielding. Now today the electrician contacted the tenant again and the tenant once again refused to book an appointment for the concerns of shielding as well as stating that it is non essential. The electrician contacted me today saying that he cannot do anything. Just wanted to get this work done before 1st april and I'm just confused on how to approach the tenant regarding this matter. Any help or advice would be appreciated. Thanks

Wanderingpomm

Can you go with the electrician? 

AdrianC

Talk to the tenant.

Explain to them that, yes, it is essential - it's a legal requirement to have a EICR done before April, same as a GSC is an annual legal requirement. It's for the tenant's benefit. They may not understand this, and think it's just you fancying a nose around.

If their "shielding" is based on rational health risks, rather than simply a handy excuse to be obstreperous, then I assume they are in a higher priority group that has already been vaccinated or is in the process of being vaccinated.

I very much doubt there will be legal repercussions if the EICR is a little bit later than 1st April - and lockdown is being eased currently because the risk is reduced due to the number of people vaccinated.

Ultimately, refusal of the tenant to grant access is a legal defence to a failure to get a GSC, providing all reasonable attempts are made to arrange one.

m0bov

Just give 24 hours notice and go with sparky, use your key. If they kick off, 101. Are they hiding something? Sub let? Bypassed meter?

bouicca21

If genuinely shielding then the tenant may not have had the vaccination.  A friend has refused it because he would have to leave his flat and go to a vaccination centre where he would be mixing with dozens of other people, which makes a nonsense of having spent a year not mixing with anyone but his bubble.  He’s waiting for a vaccination that can be done in his home by a district nurse.

steampowered

m0bov said:

Just give 24 hours notice and go with sparky, use your key. If they kick off, 101. Are they hiding something? Sub let? Bypassed meter?

This would be illegal and could get the landlord arrested. For the duration of the lease, it's the tenant's property - you cannot just barge in. 

TBagpuss

I would request in writing that they allow access, reminding them that it is mandatory requirement for the check to be done, and asking that if they are refusing to allow access that they confirm this explicitly.

My understanding is that is the tenant refuses access you won't be held liable for failing to comply, but of coruse yu may need to be able to prove that that was the case. 

Also, if you write, you set out what safety measures would be in place regarding Covid (e.g. that the electrician will wear a mask at all times they are in the property) 

davidmcn

bouicca21 said:

If genuinely shielding then the tenant may not have had the vaccination.  A friend has refused it because he would have to leave his flat and go to a vaccination centre where he would be mixing with dozens of other people, which makes a nonsense of having spent a year not mixing with anyone but his bubble.  He’s waiting for a vaccination that can be done in his home by a district nurse.

As far as I'm aware, people are still shielding even if they've had the vaccination (and not many have had both doses anyway).

I would just leave it unless there's actually an urgent need to access the property, it's not as if courts are going to order access be allowed any time soon (if at all).

theoretica

I would get the tenant to give you in writing a refusal for the electrician to visit - rather than you relying on what they told the electrician over the phone.  You could write something for them to sign and send back (with a stamped addressed envelope assuming they will walk as far as a post box).

unforeseen

assuming they will walk as far as a post box

While they are doing that, you can nip in with the electrician 😂😂😂

dj_factor

Many thanks for the reply’s. I shall keep all updated with that ever new progress I gain with the tenant. Thanks once again