Covid Shielding and Rewire.

[Nitram]

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 The electrical installation is approx 40 years old and has been identified as out of date (not condemned) by the councils electrical report (which he does not have).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?

 

[westward10]

Unless there was some kind of clause in the purchase I can't see how it is any of their business in fact you could argue if they had no business doing it then it was trespass.

 

[littlespark]

It may be just a marketing thing...
“All the council houses are being rewired by us, and we can offer to do yours for £Xx as we’re in the area”


There is no way the council can enter a property for any reason, even one of their own, without permission from the homeowner or tenant.

 

[Nitram]

It may be just a marketing thing...
“All the council houses are being rewired by us, and we can offer to do yours for £Xx as we’re in the area”


There is no way the council can enter a property for any reason, even one of their own, without permission from the homeowner or tenant.

No its not a marketing thing - I dont think its good marketing to threaten legal action to drum up business... My mate has responded - He is going to request the report from the council and take it from there - tomorrow - so thanks for your responses - I'll be back....

 

[Rockingit]

Methinks there must be more to the story here. Privately owned = clue is in the name.

 

[Nitram]

Methinks there must be more to the story here. Privately owned = clue is in the name.

Exactly the reason I have started this post - it makes no sense. Regardless of the rewire I'm pretty sure no one can force a private owner to carry out any work in the home - especially when shielding...

 

[Rockingit]

Exactly the reason I have started this post - it makes no sense.

Which council is it?

 

[westward10]

I would have thought the council would contract this testing out.

 

[Nitram]

The Council is in Liverpool and they did contract out the testing.... I assume - unless they have their own teams - but thats not really the point... can they force a private (shielded) owner to rewire the house is the question ... and from a number of the above responses the answer is most definitely a big fat NO

 

[cloverman]

Pardon the pun ! But I think there must be some crossed wires in the council department ! Personally I would go down to the council office and demand to speak to whoever said this rubbish and get it sorted.
I feel there has been a mix up somewhere along the lines of communication and they still have this dwelling logged as belonging to them.

 

[Nitram]

Pardon the pun ! But I think there must be some crossed wires in the council department ! Personally I would go down to the council office and demand to speak to whoever said this rubbish and get it sorted.
I feel there has been a mix up somewhere along the lines of communication and they still have this dwelling logged as belonging to them.

I hope it is something along those lines - will know more tomorrow.... thanks

 

[Dartlec]

Is there a lease involved somewhere perhaps? Rather like blocks of flats that end up being charged jointly for replacing a roof?

Even that is different to the individual wiring of a house, so I cannot see how they have any legal right to force a rewire on someone and make them pay for it. Is it a terrace that adjoins other council properties?

Given the shielding at the moment and the rise of rates in the North West, it would seem ridiculous for anything other than essential work to be going on in anyone's home - and a 40 year old installation is not likely to be degraded to the point of immediate danger - there must be millions of houses out there with 80s wiring or older that are perfectly safe.

 

[Nitram]

Is there a lease involved somewhere perhaps? Rather like blocks of flats that end up being charged jointly for replacing a roof?

Even that is different to the individual wiring of a house, so I cannot see how they have any legal right to force a rewire on someone and make them pay for it. Is it a terrace that adjoins other council properties?

Given the shielding at the moment and the rise of rates in the North West, it would seem ridiculous for anything other than essential work to be going on in anyone's home - and a 40 year old installation is not likely to be degraded to the point of immediate danger - there must be millions of houses out there with 80s wiring or older that are perfectly safe.

No there is no lease question or issues with adjoining properties ... and yes its ridiculous.. the council told him that because all the council properties are being done he must do his - sounds like utter -------- to me..
He is going to get further details (and request the EICR) tomorrow so can only hope he gets the information he needs and perhaps some resolution.. As one of the responses above put it .. if he wants a rewire he can do so himself (using a qualified contractor of course) - its got FA to do with the council.

 

[James]

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.

 

[Zerax]

The story presented so far simply does not add up... there's clearly something else going on here...

 

[hasel5]

In my experience I can't believe the council at some point have not upgraded this property with a new DB etc when it was owned by them Etc Etc.
There pretty proactive on that so seems strange to me