Renewal shorthold tenancy agreement and electrical check - EICR

Rocomart

We have been living in the same property for 5 years. Each year we sign shorthold tenancy agreement for a fixed term of 12 months (Last one: January 2021)

We are aware of the new electric check regulations from the Government. My question is the following one: According to the Government guidelines, new tenancy contracts agreed from June 2020 need an EICR.   Our letting agency carried out the electricity check on April 2021 (a few months after we signed the new agreement) and they said they were complying with the law because the signed agreement (with a rent increase) was a renewal and not a new tenancy. The result of the EICR is NOT satisfactory, and so far it hasn't been solved. Our contract doesn't have a "break clause", but we don't know if the letting agency behaviour could be considered as one. Please, anyone could help us to clarify this situation?

Thank you in advance for your time!

anselld

The EICR should have been done by 1st April and corrective actions within 28 days of the unsatisfactory EICR.

But no, it does not give you a break clause.

[Deleted User]

Is everything else about the property satisfactory, though?

Is it the rent increase that's really the issue here?

Rocomart

No, the rent increase is not the issue here. We signed the new fixed term contract and we agreed with the rent increase. It is just about safety and knowing our rights as tenants.

AdrianC

How "not satisfactory" is the EICR?

As far as your rights go, you do know you don't need to sign a new tenancy agreement each year? You can simply let the fixed term expire and go rolling under the same tenancy.

Leah04x

Firstly, a tenancy renewal is treated as a new tenancy. The regulations took effect from 1st July, so had you signed in July opposed to June, an EICR would’ve needed to be in place for your renewal. As you signed in June, the agency have acted correctly in getting the EICR carried out by April. 

In regards to the remedial work, any C1, C2 or FI faults legally have to be rectified within 28 days of the test being completed. Once completed, proof of completion needs to be provided to yourselves and the local council. 

Dependent on what the fault is, and if the agency is not forthcoming with repairs, your only option would be to report to environmental health for non-compliance. 

Unfortunately, none of the above would have any binding on a break clause (or lack of) as you’re still legally liable for the fixed term period. 

GDB2222

I doubt it helps much to state the bleeding obvious, but the property is no more unsafe since the EICR than it was before. You were happy enough before you had the report, I imagine, so you don’t need to panic.

There can be lots of advisory comments on the report because the installation is not to current standards. That doesn’t make it unsafe. A plastic consumer unit is a C3, for example, but it is perfectly safe. It’s arguably safer than one to current standards. 

The devil is in the detail. So, what does the report say? Reporting the landlord to the council is the nuclear option, so you should only do that if there’s something dangerously wrong.