Disrepair/heating connected to another property

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  • Reallyfeduptenant
    replied
    I have just had a text to say its exempt as it's a listed building. It's not on the register though

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  • Reallyfeduptenant
    replied
    That is very much appreciated, thank you

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  • leaseholder64
    replied
    All the sources I've checked today say that you can gain an exemption:

    1) for the first six months as a new landlord;

    2) if a third party forbids the recommended improvements;

    3) if a tenant prevents the improvements;

    4) for more than the first £3,500 of improvements (effectively over 5 years);

    5) if the cheapest improvement costs more than £3,500.

    It looks like the basic bit of legislation is https://www.legislation.gov.uk/ukdsi.../regulation/25 in the current case, but it refers out to another bit of legislation which I haven't checked, but I suspect imposes the £3,500 cap. Even without a cap, this building would be OK at the F rating in the certificate. 24(3), in the SI is probably the basis on which a listed building would be exempted. This requires a professional opinion and registration of the exemption.

    As the historic buildings exemption from EPCs is only condition, you would presumably have to get some form of certification that it was impossible to improve the building without excessively changing its character. There is some discussion of this, and how some things can be allowed, in https://historicengland.org.uk/advic...e-regulations/

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  • leaseholder64
    replied
    http://www.legislation.gov.uk/uksi/2...ulation/5/made

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  • Reallyfeduptenant
    replied
    Thanks all. I had just checked the exemption register and it's not registered anyway.
    I will just continue with EH. Thank you.

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  • jpkeates
    replied
    Originally posted by DPT57 View Post
    Just go to the Environmental Health Dept and ask them to visit asap
    Or, indeed, that.

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  • jpkeates
    replied
    Originally posted by Reallyfeduptenant View Post
    Oh right ok. I have had a builders report done and several things have been mentioned that would improve it. Is there a way you would suggest I put it to the LL? I'm sorry, I'm not great with this kind of stuff. Today is the first time I have seen the EPC as it wasn't given before signing the AST and neither has a a gas safety cert been produced.
    If there is an EPC it's a legal requirement to show it to any prospective tenants (or purchasers).
    Not supplying a copy of the gas safety certificate is a huge mistake by the landlord, because it may mean that it's not possible to use a no fault eviction notice ever in the future.

    I would raise your concerns with the landlord in writing (I'd send an actual letter).
    Politely and without anger, detail all of the specific issues and that the property is rated as G on the EPC which you are concerned about because that is below the legal requirement for a residential let.
    Ask for a response that gives the landlord's proposed solutions and time scales for these to be implemented.
    If they don't reply after a fortnight, contact the local authority environmental health team.

    Obviously one response would be to suggest that you be allowed to leave the property, or to give you notice.

    Originally posted by Reallyfeduptenant View Post
    Do you know how I will find out if its exempt? Many thanks
    It doesn't matter for your case.
    I've done some more research and concluded that if the property is being let it has to have an EPC because it has to be level E or higher.
    So any property exempt from the need for an EPC can't be let anyway.

    There's some ambiguity about the regulations for EPC when you sell or advertise a property, but if a property is outside the EPC regime it can't be legally let as a residential property on a new lease like yours or an existing lease after April 2020.

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  • DPT57
    replied
    Just go to the Environmental Health Dept and ask them to visit asap

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  • Reallyfeduptenant
    replied
    Originally posted by jpkeates View Post
    Some properties are exempt from the EPC regulations altogether.
    Do you know how I will find out if its exempt? Many thanks

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  • jpkeates
    replied
    Originally posted by leaseholder64 View Post
    The exemption isn't so much from having an EPC, but from having to meet a particular standard. They still had to let you see the EPC before you entered the contract..
    Some properties are exempt from the EPC regulations altogether.

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  • leaseholder64
    replied
    The EPC itself will include suggestions, although they will only bring it up to F, so it would still need a formal exemption before it could be let.

    The legal requirement was that you were shown the EPC before you took up the property, allowing you to know it would be expensive to heat.

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  • Reallyfeduptenant
    replied
    Oh right ok. I have had a builders report done and several things have been mentioned that would improve it. Is there a way you would suggest I put it to the LL? I'm sorry, I'm not great with this kind of stuff. Today is the first time I have seen the EPC as it wasn't given before signing the AST and neither has a a gas safety cert been produced.

    Leave a comment:


  • leaseholder64
    replied
    The exemption isn't so much from having an EPC, but from having to meet a particular standard. They still had to let you see the EPC before you entered the contract.

    The exemption is on the basis that it is impossible to improve or too costly to improve, rather than specifically on being listed. Being listed may or may not mean improvements are impossible.

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  • Reallyfeduptenant
    replied
    Thanks very much. I shall ask the LL if they can pro e it does not require an EPC.
    Thanks again

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  • jpkeates
    replied
    It doesn't matter if the building is listed or not (in isolation).

    Many landlords and agents think that the listed status excludes them from the minimum requirement, they're wrong.

    If the property is one where an EPC is required (which this one looks like it is), the building has to have a rating of E to be let on a new or replacement tenancy.
    If your tenancy began in September, it will fall into this category.

    There are two possible exceptions, which relate to listed buildings.
    One is that it's possible that an EPC isn't actually required for the building, and the owner has simply had the assessment done voluntarily.

    The other is that because it's not possible to bring the building to the required level, as a result of restrictions associated with the listing, the property has been granted an exemption to the regulations.
    The landlord should be able to show you this exemption.

    So unless the landlord can show that either an EPC is not required or that they have an exemption, the building is not in a lettable condition.
    The environmental health department should be able to issue an improvement notice, but, based on that certificate, I doubt it will be possible for the property to be brought up to spec.

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