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Nitram

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My Friend has an ex council house (owned privately) that has recently been tested by the Local council ( its on a council estate that all the other properties have been identified as needing refurbishment.) The electrical installation is approx 40 years old and has been identified as out of date (not condemned) by the councils electrical report (which he does not have). The council are trying to force him to rewire although his mother is shielding. Can they do this legally?
 
There are sometimes clauses in property sales, especially if it is leasehold not freehold property.
however I cant see how they could force this upon an owner unless one of the following applies.

If the owner is renting the property out there can be action against him (the landlord) for not repairing electrical faults in a timely manor.

if it is a property in a block, such as a block of flats, where a fire or other electrical fault could make others escape routes or property at risk.

If it was purchased on one of the schemes where property is sold off cheep with a requirement to bring it up to a certain standard within a certain time frame.

I would advise to keep all communication in writing, either by post or email. (if an email is not replied to, follow up by printing it and sending in post)

it is easy to get passed from pillar to post with large organisations, especially councils and other government departments, if you are trying to deal with it over the phone.

also, i would not be spending money on solicitors at this point, hold your ground.

make it clear that you are not preventing them access to one of there properties, they are asking for permission to enter your own property and permission will not be granted at this time or in the near future.

if they still want to pursue it, they will send you a summons to court.
This document will have to outline the case they have against you and what law they are using to force entry.

this will give you the info required to have it thrown out of court (assuming there are no caveats in the house sale documents)
p.s. the courts are unlikely to force entry to a property containing a vulnerable person for non essential work when it is against government guidance for them to be interacting with people. even if they had a strong case.
None of the above ifs apply..... get it in writing - good idea - and I advised the same in regard to having it thrown out of court ... appreciate all of your responses - will follow up tomorrow when we have more info....
 
Spidy senses tingling here.
I am acting on behalf of a friend and therefore cannot be completely accurate with my responses .. he is monitoring this but is a little busy with Mum at the minute - he has read these posts and will give me more info tomorrow. The initial question , I reckon has been answered - A private owner must grant permission to enter the household to carry out works and the council cannot force this ... As I said a while ago - I will have more to go on tomorrow.... and again thanks all for your input..
 
My Friend has an ex council house (owned privately) that has recently been tested by the Local council ( its on a council estate that all the other properties have been identified as needing refurbishment.) The electrical installation is approx 40 years old and has been identified as out of date (not condemned) by the councils electrical report (which he does not have). The council are trying to force him to rewire although his mother is shielding. Can they do this legally?

In my opinion and I’m not an expert , They would need to issue the relevant report stating that it failed the inspection and quote the fault with the appropriate fault code. If the code was the highest fail ( too in save to allow continuing without fixing) then ....

the experts on this site might give you the code for “needs refurbishment” and an idea of the time scale to do any work required.

The only reason that may need some work ( not a rewire) is if the fuse box is a wylex model that is made from wood and is now illegal ( in case of fire!)
who asked for the inspection - was it an insurance company? and who allowed them access to the property?

sounds like you should get an independent check.
 
In my opinion and I’m not an expert , They would need to issue the relevant report stating that it failed the inspection and quote the fault with the appropriate fault code. If the code was the highest fail ( too in save to allow continuing without fixing) then ....

the experts on this site might give you the code for “needs refurbishment” and an idea of the time scale to do any work required.

The only reason that may need some work ( not a rewire) is if the fuse box is a wylex model that is made from wood and is now illegal ( in case of fire!)
who asked for the inspection - was it an insurance company? and who allowed them access to the property?

sounds like you should get an independent check.
I dont think the test was an issue it was more the councils threat of legal action that is disturbing... and I believe illegal... more info coming tomorrow - flogging a dead horse now it seems to me
 
So 40 years old means no Rcd Protection
Lighting would have CPCs and be in Twin an earth and metric
Rings would have 1.00 mm CPC
And normally done to high standard
Agree that you need to get the EICR and go form there but cannot see they have any say over your property
 
So 40 years old means no Rcd Protection
Lighting would have CPCs and be in Twin an earth and metric
Rings would have 1.00 mm CPC
And normally done to high standard
Agree that you need to get the EICR and go form there but cannot see they have any say over your property
Yeah - thanks - there is no argument that the property needs upgrading - to current req. but that is down to the owner - not some nork at the council threatening legal action. More details tomorrow
 
In my opinion and I’m not an expert , They would need to issue the relevant report stating that it failed the inspection and quote the fault with the appropriate fault code. If the code was the highest fail ( too in save to allow continuing without fixing) then ....

the experts on this site might give you the code for “needs refurbishment” and an idea of the time scale to do any work required.

The only reason that may need some work ( not a rewire) is if the fuse box is a wylex model that is made from wood and is now illegal ( in case of fire!)
who asked for the inspection - was it an insurance company? and who allowed them access to the property?

sounds like you should get an independent check.
a wooden fuse board IS NOT illegal.
it is not up to current standards. this doesn't mean it cant be used.

we do not prevent a ford model T or a Jaguar E type from being allowed on the road because they don't have things that weren't invented when they were made.
ABS
Seatbelts
Airbags
 
Just an afterthought.

if the lady is shielding there is a possibility that she may be in care of social services or the like. They may then believe that they have a duty of care which might extend to this but that should have been made clear.
 
In the present circumstances, if some are shielding in a house, I wouldn't think, even if it was a council property, anyone would be able to force a full rewire.
 

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