EPC expires during periodic tenancy

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  • Jon66
    replied
    Zombie thread

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  • flyingfreehold
    replied
    it doesnt "roll over", the parties "hold over" under the terms of an expired contract, it is still all entirely as if within the original contract and remains so until either party serves notice on the other, or the tenant actually vacates and surrenders

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  • KTC
    replied
    Originally posted by Tgip View Post
    If you have a tenancy that ‘rolls over’ from month to month, isn’t that technically a new contract every month?
    No .

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  • Tgip
    replied
    If you have a tenancy that ‘rolls over’ from month to month, isn’t that technically a new contract every month? This would mean EPC to current standards would be required throughout?

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  • EU9k
    replied
    Originally posted by eco-energi View Post
    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
    .
    I'd really prefer it if you didn't contact them to be honest. the only thing that could come from it is an amendment to the legislation that would require you to renew it.
    as it stand we have enough expenses with property maintence than to go looking for more expenses.

    Personally I wouldn't renew it unless I needed to. that being if I need to serve a notice. and even then I would argue that it was provided at the start of the tenancy.

    Most people don't even look at an EPC. I personally never have done, even when buying property.
    EPC= Extra piece of Crop - you know what I mean.

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  • JK0
    replied
    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.

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  • Tipper
    replied
    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.

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  • nukecad
    replied
    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.

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  • nim
    replied
    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.

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  • eco-energi
    replied
    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..."

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  • JK0
    replied
    Hmm. Not really that interesting.

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  • eco-energi
    replied
    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

    Leave a comment:


  • JK0
    replied
    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?

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  • JK0
    replied
    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?

    Leave a comment:


  • nim
    replied
    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.

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