Re-Issue of New EPC when tenancy becomes periodic

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    Re-Issue of New EPC when tenancy becomes periodic

    Hi All

    OK so I issue the EPC before the tenancy commences, have done for many years of course, even before the Dereg 2015 requirement for S21.

    But then if the EPC expires whilst the same tenant is in occupation, I would generally not bother to renew it, until the time for re-letting came.

    So questions as follows :

    1.Even though the EPC Regs do not require it's renewal, I presume it would need renewing and re-issuing before a S21 Notice could be served? Or would the service of the original EPC suffice?

    2.If the EPC expires during the 6 month Fixed Term, would you need to have a new EPC done before the tenancy turns periodic in order to comply with the Dereg Act? Or could you just serve one prior to serving the S21? Or again, is the service of the original EPC sufficient?

    Thanks in advance.

    #2
    I beleive that the s21 requirement is only that the original EPC was given at the start of the tenancy. However, I would advise you to show willing by at least attempting to get a new EPC done as soon as the old one expires to avoid any confusion if it goes to court.

    Comment


      #3
      Thanks, yes that was my understanding (and my hope too!).

      But I do worry that the Dereg Act may define a Periodic Tenancy as a new tenancy for these purposes,so in effect if the EPC expired within the Fixed Term then the Periodic tenancy would commence without an EPC.

      I just can;t seem to find anything concrete on this though.

      Comment


        #4
        Originally posted by jghomer View Post
        I just can;t seem to find anything concrete on this though.
        It's in the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 - which is the legislation that implements that part of the Deregulation Act.

        "1(4) These Regulations do not apply to an assured shorthold tenancy that came into being under section 5(2) of the Housing Act 1988 on or after 1st October 2015 on the coming to an end of an assured shorthold tenancy that was granted before that date."

        Section 5.2 is the section that creates an SPT when a tenancy ends.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Thanks again, But I read that as being relevant only to Pre 1st Oct 2015 Fixed Term tenancies which became periodic on or after 1st Oct 2015?

          My query relates to tenancies created after 1st Oct 2015, which then have the EPC expire during the fixed term, thereby creating a situation where the SPT begins without one?

          Am I making sense?

          Comment


            #6
            Originally posted by jghomer View Post
            Am I making sense?
            Yes, fair point - all this cascading legislation is confusing.

            The requirement to supply the EPC in The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 refers to the requirement to comply with s6(5) of The Energy Performance of Buildings (England and Wales) Regulations 2012.

            That requirement is "The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant."

            So what you supplied has to have been a valid certificate, which it was at the time, and the time is before the person ultimately becomes ... the tenant.

            The start of a new tenancy doesn't make them become the tenant again, they continue to be the tenant, just under a different tenancy.

            Now that puts a lot of stress on the "has been" and "ultimately", because my view is that something that "has been" done sounds like a one off and something that happens "ultimately" can only happen once.

            There's no reason not to get an EPC done, and there's always the risk that this could be the next Superstrike, but I don't think it's actually necessary.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Funnily enough having a recent EPC stood me in good stead recently with a tenant who was moaning about her electricity bill. She had been paying SSE £30 a month since Feb 18, and had built up a big debt by Christmas. I pointed out the EPC said that heating & lighting would be £2700 over 3 years, (£75 per month), so how on earth did she think £30 would cover everything?

              Comment


                #8
                Originally posted by jpkeates View Post
                The start of a new tenancy doesn't make them become the tenant again, they continue to be the tenant, just under a different tenancy.
                A;so regulation 1(3) states
                (3) Subject to paragraph (4), these Regulations apply in relation to an assured shorthold tenancy of a dwelling-house in England granted on or after 1st October 2015
                I believe that a SPT is not granted, but arises by operation of law.

                Comment


                  #9
                  Thank you all so much for the advice. Much appreciated.

                  Comment

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