I am having problems with the electrics in my House what could the problem be?

SPECIAL LOCATION · May 19, 2008

Sorry for being so long getting back. I've always looked at it this way. A rented property is 'commercial' in that money is transacted to use the premises, ie it is a business, and not just any old place that someone lives in. However there is no compulsion for a landlord to have a PIR, if he wishes he can take full responsibility for the electrics him/herself. The bonus of PIR and remedial works is that legal responsibility is transferred for 5 years to the spark performing such works. I'm also fairly sure there is greater complusion in regs / HSE legislation, but unfortunately I'm a bit too busy to look at the moment.

Hi Binky..

No rush required replying m8.. we all have busy lives! well I assume we do?

You could say that every property (unless it is bought outright)

has money transfered to a mortgage lender as part of their commercial business..

The pivotal point is if 'work activity' is carried at the location.

At your average rented house....

None of the people living at the property are employed by the landlord.

None of the people living at the property are doing sub-contracting work for the landlord.

The landlord has no staff permanently based at the rented property.

I think you will find the terms of the lease will have some wording similar to this:

The tenant agrees with the landlord to; use the property as a 'private-dwelling house only',

the tenant must not carry out any profession or trade or business at the property

& must not allow any other person to do so .

To look at it another way....

It is basically no different from me hiring/renting a holiday home / car for my holidays off a rental business.

whilst I am using that property / vehicle...

I am not at work..

the rental company has no representatives working at the location..

none of me or my family are employees of the rental agency..

and no one using the property / vehicle is earning money for a commercial enterprise.

The property or vehicle is an asset of the business not a business work location..

So health and safety at work and electricity at work do not apply!

As I said I know there are some greater responsibilities for landlords with Multi-tenant properties,

& properties 3 stories or higher... but I think these are council regulations not H&SaW or EaWR.

SL

steptoe · May 19, 2008

personally when I do a PIR on rented accom I never ever put more than 2years on the cert, sometimes only a year or even 6months if i think tenant has been watching a bit too much handy andy.

its like has been said, all a matter of proffessional judgement.

but Im of the opinion that there really is no LEGAL requirement to have a PIR done at all, except that it shifts the responsibility from the landlord to the inspector.

I dont think you could really class a private dwelling as a commercial business, rented for profit or not. as has been said, its an asset, not a place of work.

remember folks, only IMO