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Outgoing Lease EIRC

Hello Everyone 

I have just come to the end of a business lease of 5 years, and on the electrical unit it states the EIRC expires in Feb 2024. The owner is claiming it is down to me to pay for a new one as a new tenant would need one. It does not mention EIRC anywhere in my lease. Furthermore, he has gone and got the test himself after I declined to do it (which is almost him admitting it's not my responsibility in my eyes otherwise why would he do that?) and it has come back with some items that are outdated and illegal from new regs that came in while I was there, and things like not enough emergency lighting.

So

1. Is this down to me to provide a new EIRC which hasn't expired? 
2. Was it down to me to keep things legal while I was there? Or him. Example, a new RCD is needed. 

Help appreciated! 

Thanks 

Dave 


Comments

  • user1977
    user1977 Posts: 13,376
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    Has the landlord clarified what provision in the lease they're relying on? There's very little implied in commercial leases. "Keeping things legal" is the sort of general covenant which often falls on tenants, but I don't think that means you need to constantly update all the electrics to keep up with the latest regulations.
  • jb201
    jb201 Posts: 42
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    No all the lease says is that it must be in "state of repair" and I've spent £8000 on doing it up, but the owner is trying to get me to do this too. 
  • bouicca21
    bouicca21 Posts: 6,493
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    Are the new regulations in question retrospective?
  • Jonboy_1984
    Jonboy_1984 Posts: 1,195
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    Dilapidatations are a specialised area of law and I am only speaking from my experience of managing a building owned by a plc landlord and rented by my employer. The landlord does have 6 years from handover to start a claim alleging breach of contract(lease) . 

    If the lease is a full repairing one then the OP needs to hand everything back in good order (there is not a fair wear and tear principle that you would see in a domestic rental situation). 

    If each circuit met the regulations in force when it was installed then the landlord is probably trying it on. 

    If the OP has bodged anything in their occupancy then the landlord would probably be justified in getting an EICR done to ensure the installation was in a state of good repair.

    Did the landlord arrange the last EICR or did you (thinking about 5 year validity and expiring after your 5 year lease)? 


    If the emergency lighting all worked and had the monthly test logs and annual discharge test reports to show they had been maintained then the landlord is trying it on. If the OP had neglected the testing regime and they don't stay illuminated a reasonable length of time then the landlords charges might be fair (we had to replace the batteries at work around every 5 years but the electricians usually quoted for full fittings until we pushed back each time).
     If the OP had made any permanent changes to building layout, even with landlords permission, then updating the lighting should have been part of the works at the time and the landlords charges would be reasonable if not done. 
  • jb201
    jb201 Posts: 42
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    Thanks for your replies. 

    No changes have been made at all to the office or the electrics during the lease. 

    So what has happened so far is he received a draft certificate on only a couple c1, c2 and a lot of c3. It turns out a lot of the c3 are quite big issues, but only the c1 and c2s need doing to pass the EICR. He's tried it on and said I need to do it all, but I have sought legal advice and they have advised I don't need to do any of it as the EICR was in place before we moved in and doesnt expire until after we move out.

    I wrote to him and said as a goodwill gesture I am happy to pay for the c1s as these are cosmetic like cracked sockets. 
  • anselld
    anselld Posts: 8,243
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    The sockets were not cracked at the start otherwise it would not have got a satisfactory EICR so you must have cracked them during the lease.  So hardly a goodwill gesture, definitely down to you on that one.
  • jb201
    jb201 Posts: 42
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    anselld said:
    The sockets were not cracked at the start otherwise it would not have got a satisfactory EICR so you must have cracked them during the lease.  So hardly a goodwill gesture, definitely down to you on that one.
    Sorry I should have explained that point more. He's chosen a high end electrical company to carry out the works. A cracked socket doesn't need a high end electrician. So I said to him that I'm still willing to pay his choice of electrical company for the cracked sockets as the goodwill gesture. I could get them done for half the price elsewhere. 

    What he tried to also do is change all lights for LEDs a few weeks ago, and out of 54 lights only 4 didn't work but he wanted me to pay 25%. He's has 50m worth of property. I can see how now. 
  • dimbo61
    dimbo61 Posts: 13,709
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    New regs are coming in for commercial  buildings and improving the EPC is always a good idea.
    If the Landlord can go from say an F to an E on the EPC it might be easier to rent.
    If you replace blown bulbs and cracked sockets the LL would be hard pushed to claim for any extra work that needs doing. 
    All new consumer units are now metal and the MCB/RCB are more complex.
    Landlord will need to spend some money.
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