EPC needed when advertising 'to let' or when let starts?

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    EPC needed when advertising 'to let' or when let starts?

    Can anyone help? I have a flat that is going to be vacant in two weeks. I am going to advertise it in our local rag, do I need to get an EPC done as soon as it is advertised, even though its still occupied? Or when it is empty?

    Thanks in advance for your replies.

    #2
    Originally posted by yaflaminmongrels View Post
    Can anyone help? I have a flat that is going to be vacant in two weeks. I am going to advertise it in our local rag, do I need to get an EPC done as soon as it is advertised, even though its still occupied? Or when it is empty?

    Thanks in advance for your replies.
    At any time prior to the start of the new tenancy. If your current tenants are willing for you to do it before they move out (it only takes about 45 mins - one hour usually), then that's good, but obviously you cannot insist. Otherwise you will have to arrange it for the first convenient time after they move out. You don't need to be there in person with the DEA if you don't want to.
    '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

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      #3
      What if the property stays vacant? Will I still need to get one done? Thanks

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        #4
        Originally posted by yaflaminmongrels View Post
        What if the property stays vacant? Will I still need to get one done? Thanks
        Well, no new letting means no new EPC.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Originally posted by yaflaminmongrels View Post
          What if the property stays vacant? Will I still need to get one done? Thanks
          Sorry, I was assuming you were looking to re-let it as soon as possible, in which case, it would be logical (and necessary), to have the propeprty assessed and the certificate in place before new tenants move in.

          If you are envisaging a void period, then there's no hurry.
          '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

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            #6
            Originally posted by yaflaminmongrels View Post
            do I need to get an EPC done as soon as it is advertised, even though its still occupied? Or when it is empty?

            If you are going to advertise, then you will have prospective tenants asking for information about your property, in which case the following rules apply :-

            The EPC and recommendation report must be made available free of charge by a landlord to a prospective tenant at the earliest opportunity and no later than:
            when any written information about the building is provided in response to a request for information received from the prospective tenant; or
            when a viewing is conducted; or
            if neither of those occur, before entering into a contract to sell or let.

            An EPC for rented property is valid for ten years.
            The only person who is able to produce an Energy Performance Certificate is an accredited energy assessor.

            ( £1000 fine if you don't have EPC avilable for your prospective tenants to view )

            R-a-M

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              #7
              £1000, or £200?

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                #8
                Originally posted by hypotheticalmonkey View Post
                £1000, or £200?
                Probably £ 200 in this case.

                Depends on the building type as shown at :-

                http://www.opsi.gov.uk/si/si2007/uks...en_5#pt7-l1g43

                Penalty amount 43

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                  #9
                  Estate agents are not allowed to market rental properties without properties having a EPC. They can get fined for it.
                  I do not know what the law is about private marketing though.
                  With sales, you need a HIP if marketing through an agency BUT you do not need a HIP if you sell privately. Perhaps it is the same for private rentals ? I am sure someone on here will know the exact situation...

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                    #10
                    Originally posted by HP mum View Post
                    With sales, you need a HIP if marketing through an agency BUT you do not need a HIP if you sell privately.
                    NO! Any open-market sale of vacant residential property, whether via EA or privately by V, needs HIP.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Hi Jeffrey,

                      what about lettings, do you actually need the EPC done before marketing property or have one just before tenancy signup, so tenants are aware before they commit ?

                      It doesn't seem to be clear ?

                      Comment


                        #12
                        Originally posted by shaf View Post
                        Hi Jeffrey,

                        what about lettings, do you actually need the EPC done before marketing property or have one just before tenancy signup, so tenants are aware before they commit ?

                        It doesn't seem to be clear ?
                        See post #6.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          Thanks, I guess that answers it, you need it before you advertise.

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                            #14
                            Originally posted by shaf View Post
                            do you actually need the EPC done before marketing property or have one just before tenancy signup, so tenants are aware before they commit ?

                            It doesn't seem to be clear ?
                            Any landlord that installs a "new" tenant who rents after 1st October 2008, must have an EPC in place for the property, to show interested persons..

                            Existing tenants who were in place before 1st October, and are still in residence now, the property does not need an EPC.

                            R-a-M

                            Comment


                              #15
                              Ok, I just wasn't sure if an EPC needs to be done before I physically put details on Find a Property or can it be done soon as.

                              The predictament I'm in at the moment is that I have many landlords who want to put properties on the market to rent, however I am unable to get them all EPC'd today. So my question was if I was to put an advert up without one, am I in breach ?

                              Comment

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