L did not provide EPC on commencement of tenancy

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    L did not provide EPC on commencement of tenancy

    Hi all,

    We took out our current tenancy on 1st october 2008 which i believe was the first day that the EPC was required on new lettings. We have searched through each agreement that we have signed since then and found no copies of an EPC anywhere and there certainly wasn't one when we signed to take over the house. at the time, we weren't aware of the requirement but as i have since been looking into the energy efficiency rating of the property, the absence of an EPC has become apparent.

    I have just completed an energy efficiency survey and the property comes in at band g, the lowest rating possible with the possible annual saving being over £500. this is because the central heating/hot water system is beyond being outdated with loft and water cylinder insulation minimal to say the least. the worst aspect of the current heating system is the absence of a roomstat/programmer. at the moment, we are using a digital timer plugged into the wall socket to control the system so we either have the sahara desert or north pole. there are even cracks in the wooden front door through which we can see daylight and have been pointed out to the agent but when the windows were replaced (due to the old wooden frames being rotten) they refused to replace the front door too.

    my query is, can we demand that an Energy Performance Survey is carried out and if the findings match the results of the survey that i have already carried out, is there any duty on the LL to carry out any recommended improvements?

    tom

    #2
    You may be able to insist the LL has an EPC done but its recommendations are not legally binding on him. You took the house 'as seen' and should have asked for the EPC before agreeing to take the tenancy, really. That's what its purpose is - to allow Ts to make an inforomed choice about the properties they are considering. If it's dreafully ineffcient, threaten to leave at the end of the fixed term unles he implements some energy saving measures.
    '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


      #3
      Yes. Non-provision of an EPC might (at most) be a criminal offence but does not affect the contract itself and gives T no extra rights against L.
      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


        #4
        I think the Police have more important things to worry about don't you?
        Unshackled by the chains of idle vanity, A modest manatee, that's me

        Comment


          #5
          It's not a Police matter; most such prosecutions are brought by Local Authorities (Trading Standards etc.)
          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


            #6
            sorry Jeffrey - saw the words "criminal offence".....ah well, back to the drawing board
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              House not energy efficient

              I suggest you write a personal letter to the landlord pointing out that expenditure on improving energy efficiency are, currently, tax allowable (Landlord's Energy Saving Allowance) and will be for his benefit as well as yours as future tenants are likely to favour well insulated houses. If you or pretty much anyone in your household is a claimant there is unlikely to be a charge to have insulation blown into the loft/cavity walls as there are Government schemes in place with a chunk of the funding coming from the Utility Companies.

              Hopefully, the landlord will be a pragmatist and see the sense of putting appropriate measures in place during your tenancy; especially if, by virtue of the house being let, he can make use of the tax breaks before the concession is abolished.

              Comment


                #8
                Originally posted by quarterday View Post

                Hopefully, the landlord will be a pragmatist and see the sense of putting appropriate measures in place during your tenancy; especially if, by virtue of the house being let, he can make use of the tax breaks before the concession is abolished.
                Good advice. Not to mention the fact that (all other things being equal), securing future tenants will be easier if he has a well-insulated house with a decent boiler than a drafty one with a clapped-out boiler.
                '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


                  #9
                  Originally posted by mind the gap View Post
                  Good advice. Not to mention the fact that (all other things being equal), securing future tenants will be easier if he has a well-insulated house with a decent boiler than a drafty one with a clapped-out boiler.
                  Yes, I think so too. Draughts in houses often become much more perceptible as winter nights draw-in.
                  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


                    #10
                    the problem that i have with the LL is that 12 months ago, we had water coming in through the window frames and through the sitting room ceiling caused by a continuous downpour coming though rotten wood framed windows. it took the LL 7 months to put it right and that only happened because we called in an environmental health officer. so it would take something with a bit of clout to get them to consent to sorting out a crap energy performance rating

                    Comment


                      #11
                      landlord doesn't keep up house

                      A bit of a chore to do so, but perhaps your best bet, therefore, is to vote with your feet and move!

                      Comment


                        #12
                        Originally posted by quarterday View Post
                        A bit of a chore to do so, but perhaps your best bet, therefore, is to vote with your feet and move!
                        I agree. Your tenancy has an end date for a reason!!
                        There is always scope for misinterpretation.

                        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                        Everyday is an opportunity to learn something new.

                        Comment


                          #13
                          well we've tried for long enough to get the outstanding issues with the heating system sorted with no joy so we will be letting this tenancy lapse. thanks for the advice and info everyone

                          tom

                          Comment


                            #14
                            with regards to you not getting an EPC.

                            you can complain to landmark and they will fine the landlord £200 but you will not benfit from it. the epc is just an indication of how much energy it will use. it is also an estimate so although it may be a poor rating or a high rating it will differ depending on usage and number of occupants.

                            you cant enforce the landlord to take action but you can hint you will leave if your landlord does not take any action. i would suggest you get a price fo loft insulation and ask the landlord to have this done for a start. it usually works out to be £40-£50 for basic insulation and will save you loads on your bills. labour of course is extra but you can usually search on gumtree.com for cheap installers or post an ad on mybuilder.com and you'll et loads of replies.

                            good luck!

                            Comment

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