Expired EPC, do I need a new one by April 2020?

[Mollymoo60]

I have had a tenant on a periodic tenancy for quite a few years. My EPC expired in 2018. It was listed as a category "C". I never renewed it as it was not necessary but do I now need a new EPC by April 2020 to comply with the new regulations?

[ATC]

I think you do

[jghomer]

I am fairly confident there is no requirement to renew an expired EPC on an existing letting until you remarket it. I am sure sure someone else will either confirm or tell me I am wrong?

[jpkeates]

From April this year letting a property even on an existing tenancy isn't legal if the property is sub standard (essentially below an E rating on its EPC and isn't registered as exempt).

A property is substandard if it is below E on its "valid energy performance certificate ".

"an energy performance certificate for a property is “valid” where—
(i)it was entered on the register required to be maintained by regulation 27(1) of the EPB Regulations no more than 10 years before the date on which it is relied on for the purposes of these Regulations, and
(ii)no other energy performance certificate for the property has since been entered on that register."

I don't think that not having a current EPC is an option, although it's complicated because the basic requirement for an EPC is in other legislation, where it isn't necessary unless the product is being marketed.

I suppose you could wait and see if anyone in authority wants proof it's legal and hope that it is when you have it tested (assuming the tenant allows the survey).

[Mollymoo60]

Thanks everyone. I have arranged to get an EPC.