So you rent out property on behalf of a landlord, and you think your safe from prosecution WRONG.
Corporate manslaughter is reality, not fiction, a recent case of a letting agent who rented out 30 properties for one landlord who refused to get a FULL electrical test and inspection done on his properties.
The ruling was the Landlord was guilty for not carrying out his due diligence and protecting the safety of his tenants by not getting a FULL electrical inspection carried out on his properties; he was fined £,750,000.00 and given a 2 year prison sentence.
What has this got to do with letting agents! As far as the Judge was concerned, the letting agent had a duty of care to the tenant, to ensure the property he was letting was safe, and that all measures had been carried out by the landlord to ensure this had been done, before letting the property.
The letting agent was fined £100,000.00 and given a 1 year suspended sentence, his defence was, I did not know! the Judges answer, ignorance of the law is no excuse, you had a duty to protect the tenants and as far as possible ensure there safety, by letting the landlord refuse to carry out a full Electrical test by an approved body you failed in that duty of care, you put money before safety that is unacceptable.
His insurance will not pay out to cover him as he did not in the eyes of the law act professionally.
For further information go to our web Site: - www.
safe-electric.com or contact us by e-mail Enquiries@safe-electric.com
Tuesday 7 April 2009
Thursday 26 March 2009
Compulsory introduction of Home Condition Reports
With the Government’s u-turn on the compulsory introduction of Home Condition Reports, NICEIC is warning home buyers that it’s down to them to seek professional advice on the condition of any home they are proposing to buy.
Many people are unaware that most bank and building society home buyer surveys include only a visual inspection of the electrics that are on show. They rarely inspect behind the walls or under floorboards.
Faulty electrics can cost thousands of pounds to put right, not to mention the disruption that goes with it, but an NICEIC Approved Electrician will inspect and test the whole installation to safeguard against hidden dangers and unforeseen costs.
“Home electrics should be checked at least every ten years. With 40% of homes in Britain built before 1945, it is essential to have an electrical survey on older properties before exchanging contracts,” says Jim Speirs, chief executive, of NICEIC. “This will give home buyers an idea of any work that is required, and the estimated cost of remedial work, which they may be able to negotiate off the asking price.”
Knowing what work needs doing in advance means it can be rectified before moving in and before any re-decoration work takes place. Look for the following tell tale signs that indicate if the electrics need further inspection.
• Cables coated in black rubber, which were phased out in the 1960’s.
• Cables coated in lead or fabrics are even older. Modern cables use PVC insulation, which is coloured Grey or white.
• A consumer unit (fuse box) with a wooden back, cast iron switches, or a haphazard mixture of circuit boxes.
• Older round pin sockets and round light switches, braided flex hanging from ceiling roses to light fittings, black switches and sockets mounted in skirting boards.
• Wall mounted light switches in bathrooms.
If any of these are present contact an NICEIC Approved or Registered Contractor to carry out a full periodic inspection report (PIR).
This will reveal if electrical circuits are overloaded, find potential hazards in the installation, identify defective DIY work, highlight any lack of earthing or bonding and carry out tests on wiring fixed to electrical equipment.
A typical PIR should start at around £100, depending on the size of the property / number of circuits.
“If improvements are needed, ask for a fixed price quotation for the remedial work, where possible.
Any work that is carried out will need a Building Regulations Compliance Certificate to prove it meets the required standards of Part P. An NICEIC contractor will be able to provide this.
Your solicitor should check that all other work carried out by the owner since 1 January 2005 is certificated.
That’s the LAW.
Information supplied by the NICEIC
For further information go to our web Site www. safe-electric.com or contact us by e-mail Enquiries@safe-electric.com
Many people are unaware that most bank and building society home buyer surveys include only a visual inspection of the electrics that are on show. They rarely inspect behind the walls or under floorboards.
Faulty electrics can cost thousands of pounds to put right, not to mention the disruption that goes with it, but an NICEIC Approved Electrician will inspect and test the whole installation to safeguard against hidden dangers and unforeseen costs.
“Home electrics should be checked at least every ten years. With 40% of homes in Britain built before 1945, it is essential to have an electrical survey on older properties before exchanging contracts,” says Jim Speirs, chief executive, of NICEIC. “This will give home buyers an idea of any work that is required, and the estimated cost of remedial work, which they may be able to negotiate off the asking price.”
Knowing what work needs doing in advance means it can be rectified before moving in and before any re-decoration work takes place. Look for the following tell tale signs that indicate if the electrics need further inspection.
• Cables coated in black rubber, which were phased out in the 1960’s.
• Cables coated in lead or fabrics are even older. Modern cables use PVC insulation, which is coloured Grey or white.
• A consumer unit (fuse box) with a wooden back, cast iron switches, or a haphazard mixture of circuit boxes.
• Older round pin sockets and round light switches, braided flex hanging from ceiling roses to light fittings, black switches and sockets mounted in skirting boards.
• Wall mounted light switches in bathrooms.
If any of these are present contact an NICEIC Approved or Registered Contractor to carry out a full periodic inspection report (PIR).
This will reveal if electrical circuits are overloaded, find potential hazards in the installation, identify defective DIY work, highlight any lack of earthing or bonding and carry out tests on wiring fixed to electrical equipment.
A typical PIR should start at around £100, depending on the size of the property / number of circuits.
“If improvements are needed, ask for a fixed price quotation for the remedial work, where possible.
Any work that is carried out will need a Building Regulations Compliance Certificate to prove it meets the required standards of Part P. An NICEIC contractor will be able to provide this.
Your solicitor should check that all other work carried out by the owner since 1 January 2005 is certificated.
That’s the LAW.
Information supplied by the NICEIC
For further information go to our web Site www. safe-electric.com or contact us by e-mail Enquiries@safe-electric.com
Is your property a death trap?
With almost one million people renting out their homes today, private landlords are enjoying the financial rewards, but some overlook legal health and safety requirements that can cost them and their tenants dear.
Unsafe electrics cause around 12,500 house fires, 750 serious injuries and 10 deaths each year. People living in rented properties are most at risk due to heavy wear and tear and tenants carrying out work without informing their landlord.
An accident could be waiting to happen so it’s vital that every landlord has checks carried out by an NICEIC registered electrician to ensure the electrics are maintained in a safe condition.
Private landlords are legally responsible for maintaining and checking electrical installations such as fire alarm systems, wiring, lighting and sockets as well as appliances, such as kettles, televisions, microwaves and washing machines and they can end up in court if a tenant is injured by an unsafe appliance or fitting that they have provided.
Jim Speirs, chief executive of electrical regulatory body NICEIC, said: “NICEIC strongly advises landlords to have thorough, annual checks of both fixed installations and portable appliances on rented property. With 40% of homes in Britain built before 1945, electrical problems are a common occurrence and rented properties are more at risk than owner-occupied homes due to wear and tear. An NICEIC electrician should be the first stop for landlords wanting to make sure properties are safe for their tenants.”
Information courtesy of the NICEIC.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Unsafe electrics cause around 12,500 house fires, 750 serious injuries and 10 deaths each year. People living in rented properties are most at risk due to heavy wear and tear and tenants carrying out work without informing their landlord.
An accident could be waiting to happen so it’s vital that every landlord has checks carried out by an NICEIC registered electrician to ensure the electrics are maintained in a safe condition.
Private landlords are legally responsible for maintaining and checking electrical installations such as fire alarm systems, wiring, lighting and sockets as well as appliances, such as kettles, televisions, microwaves and washing machines and they can end up in court if a tenant is injured by an unsafe appliance or fitting that they have provided.
Jim Speirs, chief executive of electrical regulatory body NICEIC, said: “NICEIC strongly advises landlords to have thorough, annual checks of both fixed installations and portable appliances on rented property. With 40% of homes in Britain built before 1945, electrical problems are a common occurrence and rented properties are more at risk than owner-occupied homes due to wear and tear. An NICEIC electrician should be the first stop for landlords wanting to make sure properties are safe for their tenants.”
Information courtesy of the NICEIC.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Wednesday 25 March 2009
Legal requirments for Electrical testing
The Electricity At Work Regulations 1989 (regulation 4.2) requires an electrical installation to be adequately maintained to ensure safety. This can be done via a maintenance regime, periodic inspection or both.
Failure to comply with the above will lead to prosecution by the HSE and or the local borough council.
This applies to Offices ,Shops, Rented accommodation (Landlords who rent property) Etc
There is no escape from the law, fines of £5,000.00 and or 6 months imprisonment are already being handed out.
That coupled with corporate manslaughter charges for a shop owner who failed to get his shop tested, because he did not know it was required?
English Law Ignorance of the law is no excuse.
Be safe be sure get it tested, and don't go for the cheap option, as they are not worth the paper they are written on as has been proved in a recent court case where a landlord who had 10 properties, was convicted of failure to provide due diligence even though he had gotten test certificates.
( He thought they were ok! big mistake, which has apparently cost him £ 40,000.00 and a six month suspended sentence; high price to pay for getting something done cheap)
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Failure to comply with the above will lead to prosecution by the HSE and or the local borough council.
This applies to Offices ,Shops, Rented accommodation (Landlords who rent property) Etc
There is no escape from the law, fines of £5,000.00 and or 6 months imprisonment are already being handed out.
That coupled with corporate manslaughter charges for a shop owner who failed to get his shop tested, because he did not know it was required?
English Law Ignorance of the law is no excuse.
Be safe be sure get it tested, and don't go for the cheap option, as they are not worth the paper they are written on as has been proved in a recent court case where a landlord who had 10 properties, was convicted of failure to provide due diligence even though he had gotten test certificates.
( He thought they were ok! big mistake, which has apparently cost him £ 40,000.00 and a six month suspended sentence; high price to pay for getting something done cheap)
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Supplimental bonding in bathrooms
In a room containing a bath or shower, additional protection must be provided for all circuits of the location by means of an RCD having the characteristics specified in Regulation 415.1.1 (Regulation 701.411.3.3 refers). It is also required by BS 7671 that the circuit(s) comply with the relevant requirements for automatic disconnection, such that the disconnection times will meet the requirements of Regulation Group 411.3.2, and that extraneous-conductive-parts are connected to the protective equipotential bonding according to Regulation 411.3.1.2.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Thursday 12 March 2009
Rogue Electricians
Well done N.A.P.I.T, at last somebody is striking a blow for properly qualified electricians, they have successfully prosecuted two rogue electricians who carried out work, some of it lethal and lets be honest Cheap, come on N.I.C.E.I.C where are you?
The works will now have to be ripped out and made safe, costing Thousands of Pounds, and all because the house owners failed to check properly, that the so called electrician was qualified and certified to carry out those type of works.
How much longer will it take, and how many more deaths, before, the Regs become LAW, stopping any further so called grey areas; like the rest of Europe, America and Australia and yes even Scotland, just a few hundred miles up the country, blah blah, wake up Government stop dragging your heals and make electricity safe, people are dieing all around England and Wales.
There are many statutory LAWS that make it legal to carry out testing, but only seem to be enforced once somebody get hurt or dies.
Even the insurance statistics say that over 70% of property in England and Wales needs to be rewired right now, and many insurance companies are now insisting on proper up to date Periodic test certificates before they will re-insure!
The Government keep on saying various things, but like the Cowboys they purport to want to stop , all i see is another set of Bigger COWBOYS, who don't listen, don't do, and don't care, until it affects one of them, so i ask how many more lives and families will be ruined, by the Governments stupidity.
KISS Principle For those in Government ELECTRICITY KILLS, just like gas, see simple really.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
The works will now have to be ripped out and made safe, costing Thousands of Pounds, and all because the house owners failed to check properly, that the so called electrician was qualified and certified to carry out those type of works.
How much longer will it take, and how many more deaths, before, the Regs become LAW, stopping any further so called grey areas; like the rest of Europe, America and Australia and yes even Scotland, just a few hundred miles up the country, blah blah, wake up Government stop dragging your heals and make electricity safe, people are dieing all around England and Wales.
There are many statutory LAWS that make it legal to carry out testing, but only seem to be enforced once somebody get hurt or dies.
Even the insurance statistics say that over 70% of property in England and Wales needs to be rewired right now, and many insurance companies are now insisting on proper up to date Periodic test certificates before they will re-insure!
The Government keep on saying various things, but like the Cowboys they purport to want to stop , all i see is another set of Bigger COWBOYS, who don't listen, don't do, and don't care, until it affects one of them, so i ask how many more lives and families will be ruined, by the Governments stupidity.
KISS Principle For those in Government ELECTRICITY KILLS, just like gas, see simple really.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Thursday 5 March 2009
Legal specific that I can find is the "Landlord and Tenant Act 1985":
"11 Repairing obligations in short leases
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water."
So despite what i keep getting told, by many major landlords, there is a specific duty of care to ensure the electrical safety of there tenants, which by the response of many they are deliberately flouting.
So despite what i keep getting told, by many major landlords, there is a specific duty of care to ensure the electrical safety of there tenants, which by the response of many they are deliberately flouting.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Legal Ramifications of not Testing
This does mention electrical safety and says :
"You should ensure that the electrical system (Fixed Wiring), and any electrical appliances that you supply such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use."
In Answer to my communication with HSE
In Answer to my communication with HSE
As you say this uses the term "should" and not "must". However, this should not be interpreted as "need not", as in the event of an incident it would be used by the prosecution to demonstrate what precautions should have been taken and the defence would have to argue what equally effective measures were used to ensure safety. This is the general line that is taken by the courts for all guidance, including BS7671, other british standards, guidance booklets, etc. Since this is produced by the department responsible for the local authorities, this should be seen as fairly high authority.
If a landlord does not do it, they will be prosecuted, fined and could also face a prison sentence, it is also incumbent on letting agents to ensure that the properties also have the relevant current test certification before they rent it, or they could be prosecuted for corporate manslaughter in the even of an accident.
If a landlord does not do it, they will be prosecuted, fined and could also face a prison sentence, it is also incumbent on letting agents to ensure that the properties also have the relevant current test certification before they rent it, or they could be prosecuted for corporate manslaughter in the even of an accident.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
Electrical Safety for Landlords
"By law, your landlord must ensure that the electrical system (Fixed Wiring) and any electrical appliances supplied with the let such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use."
In other words, as a landlord renting a domestic property you must have a current electrical safety certificate, or you will be prosecuted for non compliance, the is the same from 1 property or hundreds, there is no excuse in English law.
For Further information see our Web site www. safe-electric.com or contact us by e-mail: - enquiries@safe-electric.com
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