Need Advice: Landlord Trying to Deduct Deposit for Unnecessary Electrician Test.

Discussion in 'Electricians' Talk' started by Wingo123, Apr 25, 2024.

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  1. Wingo123

    Wingo123 New Member

    Hi everyone,

    I recently moved out of my rented property, and as expected, my landlord is attempting to withhold a significant portion of my deposit. One of the charges she's insisting on is £300 for an electrician to conduct an EICR test.

    Here's the situation: I'm a qualified electrician, and during my tenancy, I simply swapped the upstairs bedroom light with the living room light. I didn't tamper with any wiring; I only changed an accessory. My understanding is that no certificate is required for this kind of minor change, as there were no alterations to the wiring.

    I've tried explaining this to my landlord, but she's adamant about the charge. Now, I've escalated the issue and filed a dispute with TDS (Tenancy Deposit Scheme). However, I'm hoping to get some additional confirmation and possibly a reference to the regulations that support my stance.

    Can anyone confirm if I'm correct in my understanding? And perhaps provide a specific part of the regulations that backs up my argument?

    Thank you in advance for any advice or insights you can offer!
     
  2. Refuse to Bend

    Refuse to Bend Active Member

    Did you ask your landlord if you could change the lights?
     
  3. bright_Spark

    bright_Spark Screwfix Select

    A general rule is that when you take over a new tenancy agreement is that the landlord should issue you with an EICR, when you leave the property and end your tenancy then the tenant should supply the landlord with a new EICR. This shows that nothing has been tampered or altered since you moved in and out. Not always the case but very common practice.
     
  4. Comlec

    Comlec Screwfix Select

    A full EICR is not required. If the landlord has concerns then all that is required is an EICR with limited scope. A scope that only covers the two lighting circuits.
    Refuse to pay for a full EICR.

    Also check that your tenancy agreement explicitly prohibits your alteration.
    Some do some don’t.
     
    Last edited: Apr 25, 2024
  5. Comlec

    Comlec Screwfix Select

    It is not ‘general rule’ it is the law. The landlord is required to have a satisfactory report that must be made available to a tenant or prospective tenant on request.
    There is NO legal requirement on a tenant to do this.

    https://www.gov.uk/government/publi...e-for-landlords-tenants-and-local-authorities
     
  6. Coloumb

    Coloumb Screwfix Select

  7. Coloumb

    Coloumb Screwfix Select

    The LL is entitled to claim for damage but is not allowed what's called "betterment" in that they can't get anything "better then" what was damaged at your expense. So as said, the LL would be entitled (imo) to claim to make sure any work you did on the electrics has not "damaged" anything, this being done by completing a limited EICR.

    If it transpires you damaged anything have by moving the fittings then I wouldn't think it unreasonable for the LL to claim to put it right. But it doesn't sound like you have.

    Leave it with the DPS, I have always found them to be very fair and what ever they decide it's pretty much final.
     
    Last edited: Apr 25, 2024
  8. Coloumb

    Coloumb Screwfix Select

    Slightly better English version of the above...

    The LL is entitled to claim for damages but is not allowed what's called "betterment" in that they can't get/repair or replace anything "better then" what was damaged at your expense. So as said, the LL would be entitled (imo) to claim to make sure any work you on the electrics has not "damaged" anything, this being done by completing a limited EICR.

    If it transpires you have damaged anything by moving the fittings then I wouldn't think it reasonable for the LL to claim to put it right. But it doesn't sound like you have.

    Leave it with the DPS, I have always found them to be very fair and what ever they decide it's pretty much final.
     
  9. Bazza-spark

    Bazza-spark Screwfix Select

    @Wingo123 you could have supplied minor works certificates for each fitting, that may have eased the situation.
     
    Ind spark, stevie22 and MGW like this.
  10. bright_Spark

    bright_Spark Screwfix Select

    exactly what I had said? as a general rule the tenant supplies the landlord ar the end of the agreement, but that isnt always the case.
     
  11. Comlec

    Comlec Screwfix Select

    [QUOTE="bright_Spark, post: 2191259, member: 154101"/QUOTE]Whilst this may be a condition of a commercial lease I have never heard of it being required in an Assured Shorthold Tenancy.
    I would be interested if you can point me sources where this is happening.
     
  12. Coloumb

    Coloumb Screwfix Select

    I think he means the check-in and check-out reports done by an independent agency done at the start and end of a tenancy. They show the state of the property at the start and end of a tenancy and make it much fairer on everyone if claims need to be made. AFAIK there is no legal obligation to do them.
     
  13. bright_Spark

    bright_Spark Screwfix Select

    Many years ago I used to do work for a local landlord who had various commercial properties and flats above, if a tenant moved out he insisted on them paying for a new eicr to be done, this was always put into his agreement, he had had problems in the past with tenants altering the electrical installations and leaving them in a bad or even dangerous state upon them vacating the premises so he always did this before releasing any deposits. Also he had industrial units where companies would add to the existing installation with new machinery etc, I have seen isolators just hung from the ceiling and all sorts of undesirable things that got ripped out at the end of tenancies.
     
  14. The Happy Builder

    The Happy Builder Screwfix Select

    Did she provide you with a copy of a satisfactory EICR before or during your tenancy and if so, what is the date on it?
     
  15. MGW

    MGW Screwfix Select

    I would agree with @Bazza-spark if you have issued a minor works then that should have been enough to show you knew what you were doing, and did all correct, if no minor works then clearly not done correctly so seems fair to want to have everything checked.
     
  16. arrow

    arrow Screwfix Select

    She is trying to pull a flanker by getting you to pay for the EICR to give to the next tenant.
     
    WH55, longboat and malbec4 like this.
  17. spinlondon

    spinlondon Screwfix Select

    Since 2020, legislation requires landlords to obtain EICRs every 5 years, or at change of tenancy.
    Sounds like she’s trying to pull a fast one, getting you to pay for something she’s responsible for obtaining anyway.
     
    arrow and longboat like this.
  18. longboat

    longboat Screwfix Select

    One landlord does not a general rule make.
     
  19. longboat

    longboat Screwfix Select

    As others have said, she's trying to take the mick. SHE need to provide an EICR, not you.
     
    arrow likes this.
  20. Honestly

    Honestly Member

    Hi
    Your landlord has every right to have the electrical circuits tested because you interfered with something that was no doubt electrically certified already. if you had painted a room a different colour the landlord has the right to have it painted back to how it was and charge you.

    similarly if you interfered with the gas boiler she has the right to have it re tested and charge you.

    she is well with in her rights to do what she requires to ensure it is safe
    Further if she interferes with anything that belongs to you I’m sure you’d want it put back and tested as it was originally - safe and working as was
     

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