Legality on Failed EIRC testing

England

Bit of an odd one. A colleague is buying a house and decided to get an EIRC done pre exchange. Vendors have been very accommodating so no issue there.

The service was paid upfront and electrician arrived on time.

Unfortunately it seems there has been some miscommunication whereby the electrician did not mention power would be switched off and the seller works from home who had a number of meetings so could not accommodate the test on the day. He is happy to reschedule.

In the meantime, colleague has an email to state as there was no access, he has to pay £80 call out fee to book another in or essentially lose the 185 paid.

Here's the part that is confusing. Their terms state failed access but the electrician did have access. He even sent a picture showing his tool bag inside the premises.

So surely this is access granted but more he could complete the test ?

Is this a potential way out?

Difficult one because to a normal person, an eirc is a electrician test but maybe they like the seller, wouldn't know about power being off. Seller pretty much stated if he had known, he would have gone for another day that worked.

On the other hand, the electrician did attend so some time and effort has gone into it even if its a simple turn away and go to the next job.

If terms stated the above and/or unable to complete testing, maybe he has no leg to stand on but it specifically states access only which he did have.

Interested to hear your thoughts