I can touch it from the bath though?
But why would you want to? The EICR is not to see if built today it would comply with regulations, it is to report the condition, so if OK when fitted, and nothing has changed, then it's still OK.
In real terms things do change, LED lighting for example, so the inspector has to take into account changes. There is no right and wrong, one inspector can give code C2 and another C3 for same observation.
C1 codes should never really be given, as anything which would attract a code C1 should be corrected before he leaves. Even if that is simply to lock off the circuit, but once locked off then no danger so no longer code C1.
OK there are faults which are technically a C1 like blank missing on a consumer unit, where gaffa tape would be good enough until the correct blank is purchased and fitted, so in the real world code C1 is used.
The problem is technically if any C1 issued then the occupants would need to be rehoused, to be told sorry you need to move out is not really what a tenant wants, 28 days is not long, in my own house when I found no RCD protection it took 6 months to correct, 28 days is not long.
So coding as C3 gives time to correct, which can help both tenant and landlord, but only if ths landlord realises it still needs doing.
There have been loads of arguments over RCD protection. Personally I have had all circuits RCD protected for the last 40 years, but that was because I had a son who became a radio ham, and I wanted to protect him. But as to if I can insist on there use when others are paying is not cut and dried. Morally I feel they should be fitted, as tenant unable to fit them them selves, but as to forcing the landlords hand not so sure.
I am at the moment fighting to get my central heating returned to RCD protection, but all stopped due to daughter catching Colvid, best laid plans etc. But I have a month old compliance certificate to say all OK without RCD protection.
