Failed EICR and accidental landlord

AdrianC

Robbo66 said:

AdrianC said:

Yes, the s21 notice you would give them is currently six months. That may return to the normal two months shortly, as pandemic precautions retreat.

However, it's likely that the lack of a current EICR will invalidate the s21 notice. AIUI, the situation is not clear, because it's not been tested by courts yet, but it's very likely they will take the same line as GSCs.

I doubt it would invalidate your buildings insurance, unless the claim was for damage caused by an electrical fire caused by a fault identified on the EICR.

What does the EICR actually say?
C3 points are not a fail - they are merely "not up to current regs" - nor do they have to be.
C2 points are a fail, and potentially dangerous.
C1 points are a fail, and currently dangerous.
If you have C1s and C2s on the EICR, then your priority should be the safety of your tenant, not the paperwork. I'm sorry that you're running a business with inadequate capital for predictable costs, but that is not your tenant's fault.

There is currently no link to the EICR and serving a section 21, this may change in the future but at the moment not a requirement

Like I said in the next sentence to the one you highlighted...

"AIUI, the situation is not clear, because it's not been tested by courts yet, but it's very likely they will take the same line as GSCs."

AdrianC

Neb13 said:

Am I also required to re decorate following a re wire as this will obviously increase my debt?!

You would seriously consider leaving the property with any chasing-in un-plastered and un-painted for your tenants...?

As far as the tenants go, you really should be providing them alternative accommodation for the duration of any intrusive work.

Grumpelstiltskin

Look don't do anything until you have the report in writing.
As you have been told a full rewire is probably not  something you have got to do.
So hold on until you have that.

theartfullodger

I've never accidentally signed a tenancy contract as a Landlord:. How come you did, please?

Slithery

Neb13 said:

Hi. I am an accidental landlord.

Don't you just hate waking up after a heavy night out to find that you've prepared a property for renting, vetted tenants and signed a tenancy agreement without any recollection. There's no such thing as an 'accidental landlord', what you really mean is that you decided to start a residential lettings business without proper research, without a business plan and without a proper budget forecast to see if it was a viable idea.

The quickest way out of this mess may be paying your tenants to surrender the tenancy, especially if you want the property back any time soon as in the current climate it could take you years to legally evict, even if they stop paying rent.

Grumpelstiltskin

If as it appears the OP hasn't kept any money aside to cover things like this you do wonder what else they haven't done.
Put deposit into scheme, told mortgage company house is being rented out, had gas checked, boiler serviced etc. etc.
Mind you it is possible they and their parent are not claiming any benefits they are entitled to.
Not accidental landlord, but landlord who just doesn't know what they are doing.

justwhat

AdrianC said:

Neb13 said:

Am I also required to re decorate following a re wire as this will obviously increase my debt?!

You would seriously consider leaving the property with any chasing-in un-plastered and un-painted for your tenants...?

As far as the tenants go, you really should be providing them alternative accommodation for the duration of any intrusive work.

Seriously....it only has to be left safe. if its stud walls damage will be minimal .   And they are not legally entitled to perfect décor.
"As far as the tenants go, you really should be providing them alternative accommodation for the duration of any intrusive work" or evict them because the property is unsafe would be my favoured solution.

justwhat

If you want your tenant out anyway serve them notice now. (how and  why you  serve notice is another matter)  As someone has said you need the sparks report to see what it actually says. You do not say how old the current wiring is. They more or less continuously  update the regs on electrics so most older systems will not be 100% compliant. 

AdrianC

justwhat said:

AdrianC said:

Neb13 said:

Am I also required to re decorate following a re wire as this will obviously increase my debt?!

You would seriously consider leaving the property with any chasing-in un-plastered and un-painted for your tenants...?

As far as the tenants go, you really should be providing them alternative accommodation for the duration of any intrusive work.

Seriously....it only has to be left safe. if its stud walls damage will be minimal .   And they are not legally entitled to perfect décor.

No, but they are entitled to basic respect from their landlord.

"Sorry, I'm skint, so am leaving the place in a right state after doing legally-required work."

theoretica

How keen do you think the tenants are to stay?  And stay through building works and disruption with the prospect of being given notice anyway? 

I would have thought telling the tenants the electrics have failed and need messy and disrupting work and you plan to give them notice and sell anyway would be a start to a conversation about them wanting to move out sharpish (you will of course not hold them to a notice period and return their deposit promptly etc).