Regulated Tenant & Electrical safety

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    Regulated Tenant & Electrical safety

    Hope someone can shed some useful light on an issue I have with a regulated tenancy.

    I bought a fairly dilapidated building split into 2 flats, one vacant the other occupied by a regulated tenant.

    I have carried out around £5k worth of work to the exterior of the building, making it water tight, fixing a leaking roof etc that the regulated tenant had been arguing with the last landlord over.

    I've now had some builders look at the regulated tenants flat and I've been told the electrics are dangerous and couldn't pass an electrical safety certificate even if it was done by an FA official.

    The sitting tenant is now refusing to let me gain access to the property to carry out the work.


    So two questions,
    1. Are the state of the electrics in the property my responsibility?
    2. Would refusing access to allow these works to take place be sufficient grounds to seek possession?
    3. If I do end up taking him to court to get the works done, knowing that he's stone broke, is there any way I can attempt to recover costs from him?


    I've spoken to the local authority and they were basically useless. Had to explain to them what a regulated tenant was first off, then they said it's usually them chasing landlords to do work not the other way round.
    I have a fairly long email trail of him being unreasonable and threatening court action every five minutes, so I'm hoping that would bode well for me in front of a judge.

    Any insight you can give would be massively appreciated. If you help me get possession of the place, I will track you down and buy you several pints!!!

    Thanks

    #2
    First of all forget any ideas of possessing the property, this is virtually impossible with a Regulated Tenant who is entitled to pass the tenancy onto his/her spouse and maybe even another member of the family after death, dependant on succession rights, albeit this would be to an Assured Tenancy, unless to the spouse.

    1. Yes, as Landlord it is your responsibility.
    2. No this is not grounds for possession.
    3. The only way you can recover any costs, is through the rent.
    You must mention any such works/improvements to the property, to the Fair Rent Comittee, who set the rent.

    The best thing to do is contact the Environmental Health Dept at your local Council. Show them a copy of the report that the builders have sent you. Invite the EHO to inspect the premises if possible. If the EHO is convinced, he will have to make a report to that effect. This may especially be the case if the electrics are considered a fire hazard. Once a copy of this report is issued to both Tenant and Landlord, it is only under these circumstances a tenant should allow such work to be carried out. If the T. does not allow such works, then you can take him to court, but this will only be to allow such works to take place for the T's own safety, and not for possession. This is one of those rare situations were a Regulated T. must allow such works to be carried out, otherwise court action can be taken to enforce this work, but only on condition that such work is stipulated by a EHO's report.
    To know how rich you are, count the things you have which money can't buy.

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      #3
      Yeah not overly bothered about possession. It would be nice, but I bought it on the basis of keeping it for the long term. Even if they do use succession rights, I'm happy to keep the property as a rental property forever.

      My only concern is getting taken to court / prison if he goes and electrocutes himself. I'm not worried about recovering costs of the works through the rent, just the cost of going to court if it goes that way.

      I have spoken with the EHO as originally I wanted to upgrade the plumbing (he has lead pipes), and heating system (uses calor gas). Baffles me why a tenant wouldn't want a landlord to upgrade their home...

      I've been told by an electrician that it's possible to transfer liability onto the tenant if they sign a waiver taking on responsibility for the electrical system. Not sure if that's true or not.

      I will give them another call and ask them to inspect the property.

      Thanks for the advice Wilfred. Much appreciated.

      Comment


        #4
        Originally posted by wilfred View Post
        First of all forget any ideas of possessing the property, this is virtually impossible with a Regulated Tenant who may even be entitled to pass the tenancy onto his/her spouse or another member of the family after death.

        1. Yes, as Landlord it is your responsibility.
        2. No this is not grounds for possession.
        3. The only way you can recover any costs, is through the rent.
        You must mention any such works/improvements to the property, to the Fair Rent Comittee, who set the rent.

        The best thing to do is contact the Environmental Health Dept at your local Council. Show them a copy of the report that the builders have sent you. Invite the EHO to inspect the premises if possible. If the EHO is convinced, he will have to make a report to that effect. This may especially be the case if the electrics are considered a fire hazard. Once a copy of this report is issued to both Tenant and Landlord, it is only under these circumstances a tenant should allow such work to be carried out. If the T. does not allow such works, then you can take him to court, but this will only be to allow such works to take place for the T's own safety, and not for possession. This is one of those rare situations were a Regulated T. must allow such works to be carried out, otherwise court action can be taken to enforce this work, but only on condition that such work is stipulated by the EHO's report.
        LL would have to apply for new rent registration Form RR1 and The Rent officer would make the decision,taking into account 1999 capping order,maximum 15% increase.

        If LL or RT do not agree to Rent officer decision,LL or RT can appeal to to Rent assessment committee.

        Only option to LL would be a possession order,not injunction to enforce.

        But as the LL bought the place with RT in place,only option to LL is to negotiate with RT.







        "I never Had to move out when my flat was rewired and water pipes where replaced"
        Fed up with nitpickers and rivet counters...

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