electric shower problems in rented accomodation

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my partner and I (plus 4 kids) have been renting a house from an estate agents and the electric shower in the bathroom (mounted at the back of the bath) does not have a mechanical isolator (switch) fitted... it just goes straight to the RCD in the cupboard...

My question is... does the IEE regulations require a switch to be fitted and can i hold the estate agents responsible as the house owner said that they (agents) organised an electrical inspection of the house before it was cleared for rent and passed it

I have checked the instructions for the shower and they say that in the interests of electrical safety a switch must be fitted... but im after something more concrete to throw at them than a instruction book.

thanks for any help offered
 
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one other thing, have you noticed an "extra pull cord light switch" that does "nothing"

all though some what bigger like

CM1766.jpg

this

it is to isolate the shower
 
thats what i thought..

I did my electrical apprenticeship with blue circle cement many years ago (now working on aircraft) and im sure when i did it there was something written down regarding it... i know about the zones in a bathroom and the regulations regarding the location of the switch, it was just a bit hazy up there with regards to there being a need for a switch to be fitted
 
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breezer said:
one other thing, have you noticed an "extra pull cord light switch" that does "nothing"

all though some what bigger like

CM1766.jpg

this

it is to isolate the shower

theres nothing.... to tell the truth the original shower went bang on Sunday so i took the cover off and found the live and the neutral insulation blackened and brittle ( sign of overcurrent), the boiler unit faulty and the solenoid not working.... then i went out and bought an exact replacement unit (Triton) and fitted it, now the agents are saying that we are in breach of contract because i should have contacted them and they would have got someone else in to fix it... at the moment im trying to get my £139 for the shower back off them and they are being pigs over paying it... so im going to throw the fact that the house was rented to us in an unsafe condition in front of them and if they dont pay up, Im going to take matters further...
 
Just got this regulation number 537-15 from another site regarding isolation switches to be accessible. Dont know what it says as I have no regs in front me..........any-one out there with one to hand?
 
would my local town library have a copy of the regs... if they do then i'll pop in tomorrow and 'gen up' before i go to war
 
should do, if you are a member you may be able to loan it (but then again it may only be under the refence section and you can't loan it), but you can't photocopy it either as that is breach of copyright, still take pen and paper
 
they should do....failing that, just pop into Waterstones and have a read :D
 
il78 said:
Just got this regulation number 537-15 from another site regarding isolation switches to be accessible. Dont know what it says as I have no regs in front me..........any-one out there with one to hand?

Section 537 of the "Regs" is for "Isolating & Switching Devices", But I don't see any regulation numbered 537-15 :confused:

Regulation 476-03-04 "Every fixed or stationary appliance which may give rise to a hazard in normal use and is connected to the supply other than by means of a plug & socket, Shall be provided with a means of interupting the supply on load"

Guess this means things like showers, cookers, inaccessible sockets below kitchen worktops,
We used to refer to these switches as "Local Isolation" ;)
 
David,

you asked "can i hold the estate agents responsible as the house owner said that they (agents) organised an electrical inspection of the house before it was cleared for rent and passed it"

Legally, No. The agents are your landlords agents, they work for him and he is as liable to you for the mistakes they make as he would be for his own mistakes. However, the agents may have a liability to the Landlord so in short the way it works is you sue the landlord and if he wants to he sues the agent. Similarly the Landlord may have a claim against the electrician, but you don't.

Essentially people can sue in Contract (always the best from a legal point of view), but generally you can only sue someone you have a contract with. Check your tenancy agreement and I am sure you will find it is the Landlord and not the Agent. Alternatively it is possible to sue in tort (tort being an area of common law) for some things, but if you have contractual rights this is usually the way to go.

Of course you can also report the agent, electrician, etc to any trade or professional bodies that they are members of.

I should end by pointing out that it is not a legal requirement for a property to comply with IEE 16 to be let. If homes had to comply with IEE 16 before people could safely live in them then we would have millions of homeless people. Most homes do not comply, even many fairly modern homes.

In terms of your replacing the shower rather than reporting the disrepair the agents are correct in the agents are saying that you are in breach of contract, you must give the Landlord the opportunity to deal with disrepair and no court will support you doing the repair yourself if you have not done so. No matter how urgent you think it is.

I do a lot of expert witness work and frankly I think you are on a hiding to nothing. Legally the landlord isn't responsible for disrepair of the shower as it was never reported. If he had been and had not done the work quickly he would still have been doing nothing wrong, urgent repairs are those resulting in health risks such as blocked drains. So long as the property afforded another means of bathing the shower repair couldn't fall into this category. There is no argument about whether the landlord had taken reasonable steps to ensure its safety. He obviously took reasonable steps to ensure its safety by asking for an electrician to certify that it was safe, so ultimately the only argument left is was it safe enough.

Safe enough, means reasonable safe. It does not mean absolutely safe, nor does it mean complying with IEE 16. So the only argument you have left is that in your opinion it wasn't safe enough (and you might get an expert to support that view), whilst the landlords electrician thought it was safe enough (and would no doubt get an expert who supported that view. Judges hate nothing more than technical arguments between experts with "opinions", and at best you stand a 50/50 chance of winning I'd say.

Moreover you have replaced the shower (presumably you will argue it was so urgent that it could not wait). I assume it could only be urgent if you needed to use it? If have installed it as the old shower was installed you are now using a shower that you are going to try to claim you consider unsafe.....If you try that one in a court you will lose for sure. You must either think it was and is safe or was and is unsafe and if unsafe then a new unsafe shower couldn't be urgent could it?

Alternatively you may have rewired the new shower and it may all now comply with IEE 16. So you have carried out a repair that the landlord is not responsible for legally because you didn't report it and have destroyed any evidence that the installation was in any way unsafe. How do you think a court will see that?

Good luck anyway, if the landlord or agent are stupid or if you are a big enough nuisance they may give you some money. If you take it any further I reckon you'll lose personally, so long as your landlord pays for proper advice.
 
i take that all on board....

but a few other things to point out, the shower is now in a safer condition than what it was previously, It has no water leaks onto electrical connections, it has a shortened ternimation into the terminal block so that there is no longer a slice taken out of the live core insulation, it has been mounted onto the wall with the correct number of screws and these screws have not been over tightened causing the casing to crack, and the front casing has been attached correctly, unlike the old unit which too was only held on with 1 screw.... so i would say that it is now safe for my partner and 4 kids to use it, I still have the old unit so i have proof of all the damage that has been caused

pic1

pic2

pic3

pic4

pic5

i think you will see that the pictures show that the unit was unsafe !!

I have now fitted a 40A double pole neon and flag indicator pull chord switch in the bathroom too without permission as i feel that a nine year old should not have to go into the distribution board to switch on the shower supply

also your point about rented accomodation not being correct to IEE regs... if that was the case how come the council had to go around everyones house and fit smoke detectors that were wired in through the mains and not just stick battery powered ones on the ceiling.
 
i believe that "also your point about rented accomodation not being correct to IEE regs... if that was the case how come the council had to go around everyones house and fit smoke detectors that were wired in through the mains and not just stick battery powered ones on the ceiling. is a building regulation for new builds, perhaps the council had a death and fitted battery ones, then people wanted the batteries for toys so perhaps thats is why they did it.

could you make your pictures smaller? (both physical and file size) not being sarcastic, its just its alkward when you have a picture that is bigger than the whole screen (also smaller file size means its quicker for those on dial up to download) :)

if you cant send me your email address and i will send them to you
 
my partners mothers council house isnt a new one and they have had their detectors changed
 

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