Disrepair/heating connected to another property

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  • Reallyfeduptenant
    replied
    I have corrected it now

    Leave a comment:


  • leaseholder64
    replied
    Could you take another look at question 2, All three of the options could be with ASTs. The critical one is whether or not it is room only.

    Leave a comment:


  • Reallyfeduptenant
    replied
    leaseholder64,

    Thank you.

    It's a listed building, an expired EPC from 10 years ago when it was on a different system. Not registered as far as we can see on the exemption register.

    Leave a comment:


  • Reallyfeduptenant
    replied
    jpkeates,

    Ok thank you.

    He just said a hazard notice for no heating, and a significant leak. 4 weeks to repair.

    Leave a comment:


  • Reallyfeduptenant
    replied
    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Multiple tenants (family of 7, 7 bedroom property)

    Q3 – What date did current TA start dd/mm/yy? Sept 2019

    Q4 – How long was initial fixed term (6/12/24 months / other)? 6 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    Per calendar month, 1st
    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    No
    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant? No

    Leave a comment:


  • leaseholder64
    replied
    Depending on how long you have been there, it may be impossible ever to issue section 21, because of the gas certificate violation. Tenancies from before the legislation was introduced are exempt.

    If a formal notice has been issued by environmental health, it is impossible to give a section 21 until six months after the defects have been fixed.

    The possibility that the property is exempt from an EPC means it is essential that you fill in the questionnaire in the sticky posting at the top of the forum, as your tenancy is unusual in some way.

    You don't have to do anything for two months after the issue of a valid section 21 notice (although, if you are at risk of homelessness, you should contact the council, who will give you advice, but no guarantees of accommodation). After that you risk court, and subsequently, bailiff's, costs, but it will take several months before you have to leave. If you are going to have to rely on council emergency accommodation, you will need to wait it out till the bailiffs arrive, unless you find alternative private accommodation in the mean time, or the council advise otherwise. Council emergency accommodation may be B&B, might not be local, and might involve splitting the family.

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  • jpkeates
    replied
    What type of hazard notice was it.
    If it was sufficiently serious, no s21 can be issued for 6 months at least.

    No gas certificate means that it's unlikely that a s21 can ever be issued (test case this month).

    Even if one was issued, you'd have two months before it expired, probably another couple of months before a hearing and (even if miraculously for example purposes only it was successful) a few more weeks after that.

    Leave a comment:


  • Reallyfeduptenant
    replied
    Hi

    I posted a few weeks back regarding my heating.
    E/H have been out and are issuing a hazard notice for a few things, the heating being the main one.

    I am now expecting a sec 21 to be given to me. I am looking for elsewhere as a matter of urgency so will be out ASAP. Not found anything in the surrounding areas yet, I need to stay local for work and schools.

    My question is, if I haven't managed to find somewhere and I do receive sec 21 do I have much time to get out? No rent arrears.

    No gas safety cert issued, it was eventually done a few months after moving in.
    No EPC- still unsure if its exempt, L/A looking into it.
    No inventory done.
    No.deposit paid.

    Not sure if the above is even relevant!

    I know this hasn't happened *yet* but just thinking ahead, the main reason being I don't want to be homeless with my children.

    Thanks in advance

    Leave a comment:


  • jpkeates
    replied
    The confusion is caused by recent changes in legislation and web sites not being updated.
    Many web pages are simply out of date.

    The requirement for an EPC has existed for a while and certain listed buildings were exempt from the requirement for an EPC.
    The legislation was badly worded and no one has seen a case that establishes what it means more precisely.
    So a listed building is arguably exempt for the need for an EPC.
    It is this situation that many of the web pages that you can find on the subject relate to.

    That was fine because an EPC was only required when selling or letting a property - so a prospective buyer could decide if they wanted to buy a listed building with no EPC or not.

    Subsequent legislation (Minimum Energy Efficiency Standards) came into effect from 2018 and means that any property that is the subject of a new tenancy must have an EPC rating of E or better.
    It will apply to all tenancies from April 2020.
    Therefore a listed building must have an EPC to be rented to someone.
    There's no ambiguity and, if the property doesn't have an EPC it cannot be let.


    It is possible that some buildings can't be brought up to the required energy efficiency standard - for a number of reasons, including that it is impossible or prohibitively expensive.
    These properties can be placed on an exemption register provided that they meet the required criteria, which then allows them to be let.
    However, to get onto the register, they will still need an EPC, because it is that EPC being below the required threshold and the difficulty of meeting the required threshold are elements essential to the registration process.

    Summarised here:
    https://www.thegreenage.co.uk/do-you...sted-building/

    Leave a comment:


  • leaseholder64
    replied
    It's qualified because being listed is not sufficient.

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  • slooky
    replied
    I have EPC's on my listed properties so I am not arguing against having them. But if the local council writes on their website that listed buildings are exempt from having an EPC does that qualify as a qualified exemption for all listed buildings in our town?

    If so I wish I had never got them done. The situation was so ambiguous so I was trying to do the right thing by getting them done.

    However I have some flats where the windows are 4 metres high and secondary glazing company's won't even come out to quote. Not that I ever think we would be able to afford secondary glazing. I had a quote once to replace 3 windows in one flat with single glazing (not allowed double glazing) and the quote was for £10,000. There are 6 windows in that 1 flat alone.

    Leave a comment:


  • leaseholder64
    replied
    The qualified exemption is for improvements that change the characteristics of the building. That is going to require individual decisions.

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  • Reallyfeduptenant
    replied
    I was just reading this on the Historic England
    If I have a listed property that already has an EPC do I need to comply with these regulations?

    If the listed building already has an EPC, which may have been obtained before January 2013, then the property will be within scope of the regulations. If the EPC has an F or G rating then some energy efficiency improvements will be required so that it achieves a level E or above.

    To improve a property which currently has an EPC rating of F or G, various measures can be considered which may have very minimal or no impact on character and appearance.



    The LL is adamant that its exempt. The EPC done on this property was done in 2010 when it was on a bio mass system. It's now gas central heating.

    The whole situation is just consuming too much head space.

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  • slooky
    replied
    This is a copied from my local council's website re listed buildings:
    EPC exemptions
    An EPC (energy performance certificate) is required when a property is built, sold or rented and is valid for 10 years. Listed buildings along with certain other types of building are exempted from requiring an EPC. The Historic England website has information on how to get a better energy performance from your listed building.


    This is a copied from historic England website:
    From January 2013, there has been a qualified exemption for listed buildings so that they are not generally required to have an EPC when sold or let. This qualified exemption now also includes buildings in conservation areas.


    I have a listed building and seem to be going round in circles as to whether we are exempt or not.

    Leave a comment:


  • jpkeates
    replied
    I said that a lot of landlords and agents believe that.

    I'd suggest responding that they might want to take legal advice because any exemption from the mandatory EPC rating needs to be registered.

    If you imply that you've been advised about the situation, they won't know it's some people on a web forum!

    Leave a comment:

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