EPCs on tenancy renewal or statutory continuation?

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    EPCs on tenancy renewal or statutory continuation?

    My tenants are currently on a rolling periodic tenancy.
    As long as this remains the case and they stay in the property,

    Then I will *not* need to take out an EPC, as this will neither be a new or renewed tenancy.

    Correct? or have I got my wires crossed

    #2
    Originally posted by CoffeeCup View Post
    My tenants are currently on a rolling periodic tenancy.
    As long as this remains the case and they stay in the property,

    Then I will *not* need to take out an EPC, as this will neither be a new or renewed tenancy.

    Correct? or have I got my wires crossed
    Correct, if you tenant remains you will not need an EPC. The legislation is based around marketing of your property which by my understanding will not be happening.

    There does seem to be some confusion, maybe not so much on this forum. We are receiving alot of enquiries from people under the impression that every rented property needs an EPC from 1st October. This is not the case and i make quite a few peoples day with this information
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      #3
      Thanks for the clarification.

      Originally posted by hip-consultant.co.uk View Post
      Correct, if you tenant remains you will not need an EPC. The legislation is based around marketing of your property which by my understanding will not be happening.
      So even if my existing tenants decide they would like to take out a 6/12 month tenancy agreement - No need for an EPC?

      There does seem to be some confusion, maybe not so much on this forum. We are receiving alot of enquiries from people under the impression that every rented property needs an EPC from 1st October. This is not the case and i make quite a few peoples day with this information
      I suspect that may have something to do with Letting agents setting up deals with companies that provide EPC's

      Then mailshotting their whole landlord database.

      The fact that I received such a letter would suggest to the uninformed I need an EPC.

      Throw in phrases like 'From 1st October 2008 the law requires all residential lettings properties to have an Energy Performance Certificate'

      'Failure to comply carries a £200 penalty'

      Luckly for me (due to their 'leading' status) they have secured a deal of £100 + vat. I feel so lucky I might have 2!

      And piste de résistance, They give me 21 days to *opt out* of getting the report done. Otherwise they will go ahead with a report that I dont need in the 1st place.

      Am I being overly cynical here or does this smell of opportunism?

      Comment


        #4
        Hi

        Yes you are correct. Whilever your current tenant remains on the same tenancy agreement, then you do not need to pay for an EPC to be carried out. The requirement is only triggered when a property becomes available for let after 1 October 2008. However there are then very limited circumstances when they are not required. Recent CLG (the Government Dept responsible) advice suggests that even if a property is not marketed, but a tenant is on a waiting list and is asked if they would like to take the property, an EPC requirement would be triggered.

        Hope this helps.

        Jane Needham
        Topic Expert
        Jane Needham

        Whilst the advice given is believed to be correct, I hold no liability for any actions taken on the basis of the advice.

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          #5
          So let us clear up the point then :
          If a T remains in prop but signs a new ast (prop not marketed ) just simple renewal,rent increase , is an epc required ?

          also anyone paying more than £60 needs to see www.netrent.co.uk personally i think anyine paying more than £40 just needs to shop around !


          The Rodent
          A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
          W.Churchill

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            #6
            Originally posted by Rodent1 View Post
            So let us clear up the point then :
            If a T remains in prop but signs a new ast (prop not marketed ) just simple renewal,rent increase , is an epc required ?

            also anyone paying more than £60 needs to see www.netrent.co.uk personally i think anyine paying more than £40 just needs to shop around !


            The Rodent
            Renewals of tenancies also do not require EPC if you are not marketing. I reccomend asking these types of questions to your prospective provider, if you are given incorrect answers it will go same way towards gaining an insight into the service and knowledge you will probably recieve.
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              #7
              I located a government EPC helpline 0845 365 2468

              They have confirmed the advice given in this thread.

              Thanks for the contribution, I will be reviewing my position with the letting agency, in light of their misleading information.

              Comment


                #8
                Originally posted by CoffeeCup View Post
                I located a government EPC helpline 0845 365 2468
                Here the government guidance to landlords on the new EPC's
                http://www.communities.gov.uk/docume...pdf/925424.pdf

                Sticky info perhaps?

                Comment


                  #9
                  Originally posted by Rodent1 View Post
                  So let us clear up the point then :
                  If a T remains in prop but signs a new ast (prop not marketed ) just simple renewal,rent increase , is an epc required ?

                  also anyone paying more than £60 needs to see www.netrent.co.uk personally i think anyine paying more than £40 just needs to shop around !


                  The Rodent

                  VERY TRUE, anyone paying £40 and below needs to shop around because the chances are you have a brigade member doing your EPC. There is a serious amount of EPC's being produce that are not worth the paper it's written on.

                  Wait until you get a tenant that finds the EPC running figures are incorrect and they want a reduction in rent or back out of the deal. Is it really worth it?
                  1st Call DEA

                  *Domestic Energy Assessor / Home Information Packs
                  *Home Energy Surveys
                  *Rented Property Energy Certificates

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                    #10
                    Originally posted by Baggers View Post
                    VERY TRUE, anyone paying £40 and below needs to shop around because the chances are you have a brigade member doing your EPC. There is a serious amount of EPC's being produce that are not worth the paper it's written on.

                    Wait until you get a tenant that finds the EPC running figures are incorrect and they want a reduction in rent or back out of the deal. Is it really worth it?
                    £40 would appear to be a fig being paid right accross uk by the shrewd amoungst us......... as reported an this and other forums......... and in my and my associates experience !

                    The yard stick has been set !!!!!!!!!!!!!!!!!!!!

                    I also only pay £25 for gas safety checks.
                    Some of us are a bit more awake than others ...if you are charging more ...good luck to you ....maybe i'll give you a call in 10 years to see what your prices are then !!!!!!!!!!!!!!!!!!!!!!!!

                    "There is a serious amount of EPC's being produce that are not worth the paper it's written on"

                    I presume you meant "are " not "is" and, yes, i agree every single one of them,, real ,,,,forged,,,, or copied !!!!!!!!!!!!!!!!!!


                    The Rodent
                    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                    W.Churchill

                    Comment


                      #11
                      Energy Certs On Rented Properties

                      Hello,

                      I have taken my off this forum for some time, but can someone please explain if there is a legal obligation for landlords to provide home energy certs to new tenancies taken up after the 1st Oct.

                      Does the cert need to be inplace before commencement of tenancy or have I got time to get a cert done once the tenant moves in.

                      Many Thanks

                      Comment


                        #12
                        Originally posted by taheemr View Post
                        Hello,

                        I have taken my off this forum for some time, but can someone please explain if there is a legal obligation for landlords to provide home energy certs to new tenancies taken up after the 1st Oct.

                        Does the cert need to be inplace before commencement of tenancy or have I got time to get a cert done once the tenant moves in.

                        Many Thanks
                        Yes, there is a legal obligation to have an EPC in place before the commencement of any new tenancy after Oct 1st 2008.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          Thanks for that, I also read somewhere that it only applies to "new properties".

                          Another money spinner for our gov`t no doubt.

                          Comment


                            #14
                            Originally posted by taheemr View Post
                            Thanks for that, I also read somewhere that it only applies to "new properties".

                            Another money spinner for our gov`t no doubt.
                            No, that's not the case. If you are interested in all the arguments for and against, trawl the threads on the EPC/HIPs forum on this site.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              It isn't just for new properties but......I believe that as long as you have the provisions in place for aquiring an EPC as from the 1st of October or whenever your property goes on the market you should be ok. i.e as long as you can produce the EPC within a specific time frame (14 days...i think) you shouldnt be fined.
                              My views and posts are based on my opinion and any advice given is just that, advice. If you decide to act on any advice given it is with the full knowledge that I am not perfect and anything I say could be wrong!

                              Comment

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