Agent involved in court case about overdue safety work

Agent involved in court case about overdue safety work


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A lettings agency has been caught up in a long-running legal case involving a landlord and the safety of electrics at a rental property.

West Suffolk council issued the fine against Forthbrook Ltd in November last year after it failed to carry out works within 28 days to address 21 electricity safety defects or to apply for a time extension for the works.

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All private rent homes are required to have an Electrical Installation Condition Report (EICR) carried out every five years by a qualified electrician to certify that the electrics are safe.

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In March last year, the council wrote to Forthbrook’s director Kim Hayklan and her letting agent requesting to see the latest EICR for one of Forthbrook’s properties. 

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The request was made after the council visited the home to respond to a damp and mould complaint raised by the tenant. 

Despite repeated requests the EICR wasn’t provided to the council until June 27 2025.

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The EICR dated May 23 2025, uncovered seven code 1 defects including exposed cables, requiring immediate action to prevent the risk of injury. It also found another 14 code two defects identified as potentially dangerous and requiring urgent action.

Under the Electrical Safety Standards in the Private Rented Sector Regulation 2020 the landlord had 28 days to carry out and complete works to address all of the defects or make an application for an extension to that time limit.

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That meant by the time the council received the report, the defects should already have been addressed but they weren’t.

Given the seriousness of the defects, the local authority instructed an electrician to immediately take steps to remove the imminent risk and served two notices on 4 July 2025 – an Urgent Remedial Notice to advise of the work carried out (and costs) and a Remedial Notice requiring the remaining potentially dangerous works to be carried out.

Five days later the council heard back from the landlord to say that the works would be completed by August 4 2025.

But the works weren’t completed until September 10 2025 – 82 days after the legal deadline and with no application ever made for an extension.

In November the council issues the £7,500 fine. 

Forthbrook Ltd appealed against the level of fine at a tribunal held at Cambridgeshire County Court.

Hayklan told the tribunal hearing in June that she understood that the contractor had put in temporary safety measures and believed the immediate risks had been addressed allowing time for full remedial works to be arranged.

The tribunal heard from the letting agent that a contractor had been found who could have carried out the work by an earlier date, but they would have cost more.

The court has now issued its decision, finding in favour of the council and agreeing that the fine issued was appropriate and could have been higher.

A council spokesperson says: “These significant breaches relating to electrical safety, left a mum and her four children exposed to risk of injury including from electrocution or fire. The regulations require landlords to treat these hazards far more seriously and swiftly than happened here.

“Our aim is always to work with landlords with a view to improving living conditions for residents in the private rented sector, and even where we find defects, generally landlords take their responsibilities seriously and address matters within the legal timeframe. 

“As the tribunal heard, it could so easily have been avoided.”

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