Proving viewers saw EPC

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • JK0
    replied
    I wouldn't want to be in court trying to get an eviction, with my tenant pointing out the act I quoted to the judge though.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by KTC View Post
    It's the current accepted view with housing lawyers etc.
    Right up until a new Superstrike makes us all look like idiots and renders government efforts to end s21 redundant.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by leaseholder64 View Post
    Trading Standards can impose civil penalties based on failing to provide on time, even though the section 21 may not be blocked.
    Trading standards won't do that in practice.

    It costs so much for a local authority (or associated organisation) to commence legal action that they only do so after a huge internal approval process and for serious cases only.
    It might be an "add on" charge for some more serious offender.

    It's a serious problem with all aspects of local authority enforcement.
    Central government cuts mean that the local authorities simply can't afford to enforce the regulations they're meant to.

    Leave a comment:


  • leaseholder64
    replied
    Trading Standards can impose civil penalties based on failing to provide on time, even though the section 21 may not be blocked.

    Leave a comment:


  • KTC
    replied
    Originally posted by JK0 View Post
    That act goes on to say:
    The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 only cares about reg. 6(5), i.e. just the bit I quoted, hence my question whether your concern is limited to s21, or the EPC regs in general.

    Originally posted by jpkeates View Post
    That's an optimistic view.
    It's the current accepted view with housing lawyers etc.

    If you don't want to risk that changing, including a copy with the contract etc. should be sufficient. I've seen tenancy agreement paperwork (which the tenant is required to signed) that explicitly state that a copy of the EPC have been given.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by KTC View Post
    You don't need to show that it was seen by viewing, or even given before tenancy. No valid s21 penalty only applies if it still haven't be given by the time of s21.
    That's an optimistic view.

    A less optimistic reading would be that "the person who ultimately becomes the buyer or tenant" can't be validly given the certificate once they are the buyer or the tenant. Because by then that person can't "become" a tenant, they already are one.

    And that's consistent with the intention of the legislation, to make energy efficiency part of the buying decision making process.

    Leave a comment:


  • sam_cat
    replied
    I include a copy in the itemised pack (contract, PI, inventory etc etc) that both parties sign. I have a copy with their signature on and the 'contents and confirmation of receipt' document that we both signed and dated before move in.

    Looking back we included it on the photos for the advert, and a link to the EPC in the text.

    Leave a comment:


  • jpkeates
    replied
    Include it with the other pictures (if you can).

    I also include a copy with the deposit PI.

    Leave a comment:


  • JK0
    replied
    Thanks JPK. When you say include it, do you mean a link, or just the little rainbow diagram that appears on Rightmove listings? (Frankly I don't think Rightmove are compliant.)

    Leave a comment:


  • jpkeates
    replied
    Include it in any online adverts for the property.

    Leave a comment:


  • JK0
    replied
    What risk am I mitigating?

    The risk that the requirement for it becomes another reason for refusing a s21, (similar to gas certificates.)

    That act goes on to say:

    Energy performance certificates on sale and rent

    6.—(1) Subject to regulation 8, this regulation applies where a building is to be sold or rented out.

    (2) The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—

    (a)at the earliest opportunity; and

    (b)in any event no later than whichever is the earlier of—

    (i)in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or

    (ii)in the case of a person who makes a request to view the building, the time at which the person views the building.

    Leave a comment:


  • KTC
    replied
    What risk are you mitigating here? A penalty charge notice for breach of The Energy Performance of Buildings (England and Wales) Regulations 2012, or no s21 for non-compliance of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015?

    In the latter case, the requirement is only:
    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.
    You don't need to show that it was seen by viewing, or even given before tenancy. No valid s21 penalty only applies if it still haven't be given by the time of s21.

    Leave a comment:


  • JK0
    started a topic Proving viewers saw EPC

    Proving viewers saw EPC

    What steps are other landlords taking to prove viewers (who become tenants) have seen the EPC before viewing? My friend is showing my property to some people today. In view of this, I gave him two copies of the EPC, and asked him to get them to sign both copies, and return one to me.

    (Of course the F***wit forgot, so those viewers will not be renting the place.)

Latest Activity

Collapse

  • Reply to International students offering 6 months upfront
    by ash72
    If you live in another flat and not the flat in which the prospective T will reside on then it would be an AST. Overseas Students tend to come from wealthy families as it costs a lot for them to send them to study in the UK. Does the T know there is no furniture (is there a bed?) as I can't image a...
    12-08-2022, 07:48 AM
  • International students offering 6 months upfront
    by casual_reader
    Do any of you have any experience of this and is there a downside?

    The ones that I can think of is that they don't make the second payment that they need to make halfway through. They want a 12 month tenancy with the second payment paid after four months.
    Or that being new to renting...
    12-08-2022, 04:51 AM
  • Reply to Enforcing a CCJ without current address
    by doobrey
    There is one fairly high profile one that I know of which has that rule (for some reason ; can't fathom why). It doesn't apply to all. Assuming that they can find it - and anecdotally the success rate seems fairly high - you can get the address from a tracing agent....
    12-08-2022, 05:05 AM
  • Enforcing a CCJ without current address
    by Chrisall
    First post and straight in with a question! We had a CCJ against a bad tenant and can't enforce/ recover the debt because the person refuses to provide their address. The prior address was our property and the only correspondence address is her debt management company. I've looked at address tracing...
    11-08-2022, 15:06 PM
  • Reply to Section 21 costs - who pays?
    by DoricPixie
    Hopefully an admin can separate your question to start a new thread on the board.

    Your landlord doesn't have to agree to a periodic tenancy. Statutory periodic tenancy, the clue is in the name, it is statutory law and there is absolutely nothing the landlord or agent can do to prevent...
    12-08-2022, 03:33 AM
  • Section 21 costs - who pays?
    by freddycd15
    Hi all,

    I'm sure this has been answered before, but I'm having difficulty finding an answer using the search function.

    My tenant is currently on a statutory periodic tenancy.

    I wanted to ask who pays for the costs involved a Section 21 possession claim. Fees such...
    11-08-2022, 14:57 PM
  • Reply to Enforcing a CCJ without current address
    by DoricPixie
    I have also used a tracing service who gave the former tenant’s address directly to me....
    11-08-2022, 23:44 PM
  • Reply to Enforcing a CCJ without current address
    by shoobydoo
    I used a company called Vilcol to trace someone. They gave me the new address and an updated phone number too. No solicitor needed. I did not have any previous address so had to pay a higher fee, but you already have the previous address so it will be lower. And if no trace, then no fee.
    11-08-2022, 18:50 PM
  • Reply to Deposit not protected - when to take action?
    by artin
    I am a landlord. But not protecting a deposit is foolish and careless. I would go for it, I think you are entitled 1 to 3 times of the deposit so no body will go bankrupt, go for the max, can't see any excuse for not protecting a deposit. A landlord may forget to do something and a judge would be lenient...
    11-08-2022, 18:10 PM
  • Deposit not protected - when to take action?
    by security2
    Hi all,

    I know there's plenty of info on what to do when deposits are not protected but I wonder what your advice would be in this particular situation?

    A friend of mine took on a rental in London last year and has given notice to vacate for end of this month. It's through...
    11-08-2022, 17:12 PM
Working...
X