Clarification needed on the new EICR regs

[ax222s]

Cheers John.

Yes, I attached the EIC to my email.

Do you think I should push them on it? Just to make doubly sure that she has actually read my EIC and can confirm I do comply with the regs?

 

[JohnW2]

Cheers John. Yes, I attached the EIC to my email. Do you think I should push them on it? Just to make doubly sure that she has actually read my EIC and can confirm I do comply with the regs?

Well, again, that's really down to what you're comfortable with.

As I said, I can't believe that anyone (even 'a Court') could ever disagree that, given what her e-mail says, you have 'taken all reasonable steps' to ensure that the document you have is satisfactory for the purpose of the legislation.

If you really want to be even more comfortable, I suppose you could 'play dumb' and ask her to confirm your understanding that she is saying that "the certificate you sent to her is adequate under the PRS legislation until it 'expires' in about 3 years' time", or something like that.

Kind Regards, John

 

[ax222s]

Cheers john - Ill do that, seeing as they currently seem to be so amenably responsive.

 

[JohnW2]

Cheers john - Ill do that, seeing as they currently seem to be so amenably responsive.

Fair enough. Let us know .....

Kind Regards, John

 

[ax222s]

Wow - they are on fire today! Ive just received the reply.

My email to her:

=======
Sorry, just to clarify, the certificate I sent to you is adequate under the PRS legislation until it 'expires' in about 3 years' time? I just want to make sure for peace of mind.
Many thanks
=======

Her reply:

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Yes, that is correct.
=======

Surely no court in the land could quibble with that!?

 

[JohnW2]

Wow - they are on fire today! Ive just received the reply.

Amazing. They must be 'very quiet'!

".... Sorry, just to clarify, the certificate I sent to you is adequate under the PRS legislation until it 'expires' in about 3 years' time? I just want to make sure for peace of mind." .... Her reply: "Yes, that is correct."
Surely no court in the land could quibble with that!?

Quite so. If even that does not give you enough comfort, I fear that I might have to start calling you "unreasonable", or worse

... and all that despite the fact that I still think that, in terms of the legislation 'as written', she is quite probably 'wrong' - i.e. if I could be bothered to paw my way through your IEC, I imagine that I could find things that hadn't been inspected and/or tested which would/should have been in the context of an EICR (or any other 'inspection of the entire fixed installation', whatever it were called). Don't forget that even the electrician who provided the EIC said ...

... I won’t have done an EICR at the same time as the EIC .....

However, I really don't think that is your problem - you have e-mails which unambiguously say that what you have is OK - so, if you haven't done so already, I suggest you send a copy off to the tenants, and then pur yourself a glass of your favourite something

Kind Regards, John

 

[ax222s]

Amazing. They must be 'very quiet'!
... I suggest you send a copy off to the tenants, and then pur yourself a glass of your favourite something

Thanks for you assistance with this John. I will certainly be doing both of those things this evening!

 

[ax222s]

Hi @JohnW2 . Sorry, Im being a bit lazy with this question: The tenant has given notice that hes moving out. Regards my EIC, is it a simple case of just emailing the EIC to the new tenant?

 

[Diver Fred]

Hi @JohnW2 . Sorry, Im being a bit lazy with this question: The tenant has given notice that hes moving out. Regards my EIC, is it a simple case of just emailing the EIC to the new tenant?

I'd not. I'd hand over a paper copy along with the other necessary paperwork you have to hand over as a landlord and get the new tenant to sign that they have received each document from you. Make sure those documents are the most recent and current.
An eMail without a 'Read Receipt' is unlikely to stand up to legal scrutiny and even with may be questioned - particularly with people who change eMail addresses frequently.

If you are not sure on which documents you have supply the new tenant with take advice from the NRLA. Their membership fees are Tax Deductable.

 

[JohnW2]

Hi @JohnW2 . Sorry, Im being a bit lazy with this question: The tenant has given notice that hes moving out. Regards my EIC, is it a simple case of just emailing the EIC to the new tenant?

wgt52 has beaten me to it. You clearly have to 'supply' evidence of the satisfactory electrical inspection to the new tenant but, as wgt52 has said, you may prefer not to rely on e-mail alone.

The legislation repeatedly talks about 'supplying' copies of required documents (to tenants and others), but appears to be silent as regards the mechanism of that 'supply'.,

Kind Regards, John

 

[ax222s]

Many thanks guys! Perhaps I will use an online document signing platform. Im trying to be a bit more 'environmentally aware' these days. Printing hundreds of sheets of paper doesnt fit in with that. Ill use DocuSign or similar.
Thanks!

 

[JohnW2]

Many thanks guys! Perhaps I will use an online document signing platform. Im trying to be a bit more 'environmentally aware' these days. Printing hundreds of sheets of paper doesnt fit in with that. Ill use DocuSign or similar. Thanks!

That sounds like a reasonable plan. DocuSign seems acceptable for most of the work-related things I do, so I imagine that it (or similar) would be satisfactory for your present purpose.

Kind Regards, John

 

[SimonH2]

I'd not. I'd hand over a paper copy along with the other necessary paperwork you have to hand over as a landlord and get the new tenant to sign that they have received each document from you. Make sure those documents are the most recent and current.
An eMail without a 'Read Receipt' is unlikely to stand up to legal scrutiny and even with may be questioned - particularly with people who change eMail addresses frequently.

The way we did it last time (I was quite firm with my agent as IMO they'd been a bit lax on the evidence in the past) was the agent emailed the documents to the tenants, and asked them to confirm that they'd received them. That way you have evidence that they've received them - before they've signed the tenancy which was done the next day in the agent's office.

If you are not sure on which documents you have supply the new tenant with take advice from the NRLA. Their membership fees are Tax Deductable.

I'd second that. Been a member of both NLA and RLA for some years before they merged. Excellent source of information, and for what you get access to, the membership fees are very reasonable.