EPC expires during periodic tenancy

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  • EPC expires during periodic tenancy

    Fixed term tenancy ends May 2017. EPC expires Sept 2017.

    If I continued with a periodic tenancy after the fixed term do the tenants have to be given an EPC when the old EPC expires?

    If the answer was no, could I continue forever with the same tenants with no EPC?

    If I renewed the tenancy for a fixed term of one or two years before the EPC expires do I have to renew the EPC when it expires and do I have to supply it to the tenants.

    Thanks. John

  • #2
    I wondered the same thing.

    As far as I know, you only need an EPC when you apply for a possession order, and when you originally let the place.

    Thus theoretically you could let it expire, and tenant would not be able to ask for any improvements to the EPC, as there is not one to improve. (Presumably they could get their own though.)

    Comment


    • #3
      This is a bit of a grey area, as it doesn't say anywhere in the Regulations, if there was an existing EPC what happens when it expires if no change of tenant. However the Landlords Minimum Energy Efficiency Standards may well change this- if a tenant asks for improvements, or after 2023 when I believe all let properties must have a valid EPC.
      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.

      Comment


      • #4
        Hello,

        The best way to go about this would be to email to the contact given in the legislation and ask them. (last paragraph) http://www.legislation.gov.uk/uksi/2012/809/note/made

        A new EPC is required if the tenancy is changed or it expires. Therefore, if the tenancy expires and a new tenant comes in then you require a new EPC. Similarly, if the EPC expires in Sept and the tenant is in situ than you require a new EPC.
        Every property in the should have a valid EPC during the tenure of tenancy.

        Also, based on the Minimum Energy Efficiency Standards, as in April 2016, Domestic tenants can request energy efficiency improvements to properties, and these cannot be reasonably refused.

        Comment


        • #5
          There is no requirement to have a valid EPC throughout the tenancy.

          The requirement is to give a valid EPC to the person who becomes the tenant. Once this is done it no longer matters if the EPC expires.

          Comment


          • #6
            Hello jjlandlord and thanks for your reply.

            My concern was a periodic tenancy and the change in the law on the 1.4.2018. My proerty is an F rating so the text I found below concerns me and whether I should renew the tenancy before the EPC expires or wait till March 2018 to renew. Same tenants.

            A minimum energy performance rating of E will be required to rent a residential property as from 1st April 2018. This requirement will apply to all tenancies that begin or are renewed on or after 1st April 2018, for existing tenancies the regulations will not apply until 1st April 2020.

            Comment


            • #7
              Hmm. In view of EPC's being an EU directive, I wonder if we'll even have to have them at all by 2020?

              Happy days?

              Comment


              • #8
                BTW, see if you follow my deconstruction of this:

                Properties within scope

                Properties within scope will include any domestic privately rented property which: has an EPC, and is either (i) required to have an EPC; or (ii) is within a larger unit which itself is required to have an EPC, either at point of sale, or point of let. No changes are made to existing regulations regarding the provision of EPCs.
                Therefore property won't be within scope of requirement if it does not have an EPC?

                Comment


                • #9
                  Originally posted by JK0 View Post
                  Hmm. In view of EPC's being an EU directive, I wonder if we'll even have to have them at all by 2020?

                  Happy days?
                  Have a look at this article, you may find it interesting:
                  http://www.theenergycollective.com/r...exit-bathwater

                  Comment


                  • #10
                    Hmm. Not really that interesting.

                    Comment


                    • #11
                      One can only try

                      If I come across a relevant note on the legislation I'll share it with you. In the meantime, RLA first paragraph on this page is fairly clear:
                      https://www.rla.org.uk/landlord/guides/epc/
                      ".. When is an EPC needed?
                      Where a dwelling is being let an Energy Performance Certificate (EPC) will be required..."

                      Comment


                      • #12
                        Again thanks all for your input.

                        This article from the RLA doesn't help because it says "Where a dwelling is being let an Energy Performance Certificate (EPC) will be required."

                        Is the assumption here that an EPC is required at all times whilst being let? or is this just a bad summary of the legislation?

                        The article goes on to say "In addition, further changes took effect as from 1st October 2015 for new tenancies starting on or after that date. Landlords will now have to provide the EPC to tenants before they can rely on a section 21 notice. Further information on this is available in our Section 21 FAQ."

                        The tenants have had a fixed term tenancy agreement since May 2015. Again my intention was to let it turn into a periodic when it expires in May 2017.

                        My only concern is does a periodic tenancy end up being classified a as a monthly agreement?

                        jjlandlords suggestion is the answer I am looking for. What would be ideal is to be able to verify it with the legislation which can cause brain damage trying to decipher.

                        Comment


                        • #13
                          I would take "Where a dwelling is let..." and "When a dwelling is let..." to mean when it's first let.

                          If it said "While a dwelling is let...." that would mean the whole time it is let.

                          Of course I could be wrong.

                          Comment


                          • #14
                            When it comes to selling a property you need an EPC but that EPC never needs renewal until the property is sold again.
                            Therefore I won't be chasing a new EPC for let house until I need a new tenant, assuming a rolling tenancy.

                            If however the tenant demands a new lease every 6/12 months then I suppose a valid EPC will be needed on each lease renewal.

                            Comment


                            • #15
                              I had another thought about this yesterday:

                              Like the o/p my epc will likely expire during the forthcoming periodic tenancy. What is to stop one getting a new EPC, but only giving your tenant your old one? Then any daft recommendations on the new one will not see light of day until a section 21 notice is needed.

                              Comment

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