I submitted my Landlord License application on time, all docs submitted except the Electrical Safety Certificate. Hackney Council emailed to say I can upload it when I have it.
However, 2 months later, and we cannot find a suitable date for both my electrician and the tenant - the electrician needs to go in to do the Safety Testing and produce the Certificate. They are both very busy, especially my tenant, and I’ve already chased them both many times (and have evidence of this).
How long do I have to provide this Inspection and Certificate? Will my application be rejected in time without it, and I lose the initial £500 paid ? I certainly can’t afford to do that!
Also, and to add a complication - after submitting the application, my tenant gave notice to move out by mid August. It would be easier for all if I wait until after he has moved out to complete the Electrical Safety Inspection. Is this acceptable? The application is tied to him as a tenant, so would it be easier to re-start a new application with a new tenant (and transfer the £500 to the new application)? Ive tried to “cancel the licence” online, but get an automated message that this license cannot be cancelled. I also tried to "manage the application’ but get an automated message that my application is bring processed, and that I need do nothing. Which isn’t correct .
I’ve tried to call and email Hackney Council many times to ask them these questions, but they don’t reply to emails or return my calls.
It appears you are renting it without an eicr. The fine for that is £30k so i would be more worried about that!
Its not for the tenant to fit it in their schedule. If they cantwont then you need to arrange to provide access to electrician yourself. You should do that urgently…
I cant comment on Hackney as I have no experience.
You should have a EICR every 5 years, and must have one before renting out your property, so do you have the old ‘still valid’ one, or are you saying its expired or you have never had one?
Regarding your first point. I thought these new laws only came into place last month, so I thought the new laws were to make sure everyone is compliant, which is exactly what I’m trying to do now. The tenant was there long before the new law came into place.
Regarding your second point - That’s exactly right, it’s urgent but I can’t arrange the inspection without the tenant’s consent. I can’t force him to give me a time, and he won’t allow me to go in without him present.
I never had an ECIR . I wasn’t aware of this requirement until this new law came into place last month - as per my response to Richard, isn’t that what the new law is about , to get us all compliant? I am fully aware NOW that I need an ECIR every 5 years, but cannot access the property to get one..
Like Richard, do you know the answers to my questions…as neither of you have given me a response that I didn’t already know…
The rental reform act came into force last month. The need for electrical safety inspection has been in place for over 5 years…
If tenant is refusing you access to fulfill your legal duties then i believe you now need to get a court injunction to obtain access. Previously most landlords would evict under s21 but that is no longer available.
Hackney specifically say they don’t reply to emails on progress of applications, call the tel as per their licensing page but maybe better leave alone if they already have been told you will be getting an eicr done and they are waiting on update from you.4 Apply for a property licence | Hackney Council
Is tenant refusing any access at all or you are just finding it difficult to find a mutually convenient slot? Would they allow access for electrician if you are present?
Just find a more flexible electrician who can fit in a time to suit the tenant. Ask the tenant for some possible slots in the next month and find an electrician who can do one of those. You really can’t tell the council 'don’t fine me 30k because my electrician was busy" when any electrician can do the work
If tenant refuses all access write to them and explain they are in breach of terms of tenancy (check obv) and give them at least 24h notice for an inspection visit by yourself - meet them and try to resolve - it’s harder to refuse these things face to face and when they can check their calendar in front of you. If necessary arrange a further inspection visit and simply take electrician with you to do the eicr at the same time - they cannot refuse entry - send them what Shelter says
Access to your rented home for repairs and inspections
You need to let your landlord into your home to:
check gas and electrical safety
If you have evidence of the tenant refusing access you can start the legal process to get access to cover yourself but obv not worth spending a lot of £ as you’ll get access in August anyway
Although the license application will give details of current tenant it won’t be ‘tied’ to them otherwise new licenses would be needed every time tenants change. You could maybe email Hackney explaining the difficulties obtaining access (include responses back from tenant) and your intentions to get EICR done in August at latest (as tenant moving out then), to keep them informed of progress so they don’t reject your application meanwhile , and to show you are acting in good faith trying to get the EICR done.
Google AI says "
Hackney Council typically gives you 7 to 21 days to submit missing documents (like an EICR) upon request. However, if your application is incomplete, you should upload it immediately via the Hackney Property Licensing Portal to avoid processing delays or application cancellation."
And you do have the ability to appeal to tribunal if they reject an application I ‘think’. I’d be more worried about the possible 30k fine tbh
There are many other electricians available to do this. Find one today.
Give your T 24 hours notice of the date the new electrician can do the EICR and notify them that, if they are not present, you will be attending with a key and will let yourself and the electrician in.
This is a mandatory, legal requirement and the safety of the T trumps any excuse they might give for not wanting you to have access while they are not there.
Many thanks David240, as your response is very helpful indeed.
Updates:
I finally received an email from Hackney Council last 30 mins, asking me to get the EICR done asap (rather than wait until August), and that “the certificate is more important than you changing the tenants details or tenancy agreement.” So that’s anwered my main questions with them.
My electrician has also offered 2 new dates next week , and I have passed them onto my tenant. Hopefully he can be in.
Many of you have helpfully suggested I go in with the electrician if my tenant cannot be there. My difficulty is that I am 10,000 miles away overseas and cannot. There are many other people who I trust to do this, however my tenant might not accept them.
If my guest cannot be in, I will revert to your final suggestion, of "Give your T 24 hours notice of the date the new electrician can do the EICR and notify them that, if they are not present, they/someone I trust will attend with a key and let the electrician in.
This is a mandatory, legal requirement and the safety of the T trumps any excuse they might give for not wanting you to have access while they are not there."
you could soften the ‘24h notice’ message a little explaining that by way of re-assurance you are sending a rep you trust to ensure that the electrician is overseen, does not disturb or move any personal possessions unnecessarily and leaves everything as it was.
you could also mention that the council has advised that the Tenant’s safety means the EICR needs to be done asap rather than waiting till the tenant has left
other point to think about is if the EICR reveals any faults that need fixing, whether you give your rep the authority to tell electrician to go ahead whilst there… [or if you can do remotely from 10,000 miles away]
David, once again thanks for your very useful response.
The good news is that my tenant and my electrician have both agreed to next Thursday:)) So I should be able to move on this by the end of next week, and upload my EICR certificate to Hackney.
I shall certainly take on your advice, to authorise my electrician to go ahead with repairs on site. I’ve a modern fuse box, and checks were done last year (I just didnt get a certificate), so I’m not anticipating (m)any issues.
No, The electrician came to fix some issues, it wasnt an EICR.
Previously, I considered myself to be a ‘casual’ (although efficient and fair) landlord. Only when these new laws came into being, did I know I needed a EICR. In my mind, I cannot be penalised for not adhering to rules that I did not sgn up to abide by. Until now. And I am happy to do so.
@Alison41 sadly ignorance of the LL requirements to have an EICR or ‘not having signed up to them’ isn’t much of a legal defense if council decided to fine you tho getting it done quickly now you know might be a mitigation of some sort. What’s fair in our own minds isn’t the same as the legal reality.
Hopefully the council reserves the max fine for LLs ordered to get an EICR who refuse/take no action, and won’t bother fining you at all. Fingers crossed.
In case it helps, another lesser known LL requirement is testing for Legionellas. There was a discussion of this recently here
Also worth checking if your property is in a licensing scheme area and getting a license if so. Again the fine for being unlicensed is large but unless you or your agents keep track of the local council website announcements it could easily be missed… there have been more of these schemes in recent years
oh right… you mentioned that the electrian did “checks” and didn’t give you a cert. Fixing some issues might involve them issuing a cert depending on what the issues were, but if they’re competent then they will have done what’s legally required.
Well, we don’t sign up to abide by laws. They apply to us whether we’re aware of them or not. EICRs weren’t covered in the recent RRA because as Richard alluded to, they became mandatory in 2020. An efficient landlord is, in my mind, one who makes sure they know the legalities. Being a regular member of this forum is a good way to keep abreast of changes. Doing the training of a landlord association is the absolute best way and I’d very much recommend it if you are going to continue being a LL for years ahead.
Please report back how you have got on with your remote EICR. It helps contributors have ‘closure’ rather than being left ‘hanging’
You will no doubt find that the electrician will find remedial work to be completed before he will issue a ‘satisfactory’ EICR which is the only result Hackney council will accept. Electricians are very good at finding work for themselves on EICR inspections.
Be prepared for an invoice (unless the property is brand new / recently rewired and certificated and as such completely compliant) above and beyond the cost of the EICR. Something like £500 -£1000 is normal to fix non compliant household electrical installations.
Also you want to be sure you are getting a 5 year EICR sign-off duration not a 1, 2 or 3yr which some sparkies like to give out - it is in their gift to do so.
I would give my tenant a minimum of 24 hours notice, as a matter of emergency, to gain access, to carry out the EICR. It is a legal obligation to have one.
The tenant and you should be governed by the wishes of your electrician, like I am by my long-standing gas engineer, who’s father’s company used to work for my late mother, 30 to 40 years ago, who is on the Viessmann boiler accredited list, as well as was, or is, recommended by Next Door users, in North Islington and who reminds me, that my Hackney and Islington properties are due an annual gas safety check and arrange a mutually convenient time, for us both to turn up!
The NLA twice reprimanded me and my non-practising barrister landlord mother, that we were too friendly to the tenants.
