New tenancy with expired EPC

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    New tenancy with expired EPC

    I've just renewed a tenancy for 6 months over the weekend. Having checked my paperwork I've noticed that the EPC had expired back in Oct 2018 and I've given them an expired certificate. I didn't advertise the property as they were existing tenants, been there for about 5 years.


    I have a very good relationship with the tenants and they always pay on time. Any idea what would be the best way to resolve the issue as I know any section 21 would not be valid if I ever needed to use it.

    1.0 - I could get a new EPC done now, ask them to sign a new 6 month agreement, re-protect the deposit and serve all the paperwork again. If we both agree would the existing AST become void?
    2.0 - Wait 6 months and let this tenancy expire and do another AST with a valid EPC

    3.0 - any other options?

    #2
    1.0 would work.
    2.0 also works.
    Don't have a 3.0

    It's academic unless you want to evict them anyway.
    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).

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      #3
      Thanks for the prompt reply, I don't want to evict them and they don't want to move, we've just done a new wet room for them as his wife is now disabled. I'm just annoyed at myself for letting it slip, just so used to printing off the EPC and didn't check the date.

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        #4
        You don't need to agree a new tenancy. Lack of EPC is rectifiable after the tenancy starts unlike with GSC.

        Also, the requirements 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." There's no timeframe associated with that. If you have previously given a copy of the EPC in question when it was valid, you've satisfied the requirement.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #5
          Thanks KTC, they have certainly had a copy of the EPC when it was valid and I sent it via email as proof of being served. I’ll probably just get a new epc and give it to them, possibly do another tenancy when the current one expires.

          i was thinking it might end up being a major issue, thanks for the info.

          Comment

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