S21 and Compliance with New EPC Regs

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

    S21 and Compliance with New EPC Regs

    Hi All

    I have a prop which is currently let out on an AST and she has stopped paying.

    I intend serving a S21 this week so the effective date will be around End March.

    The flat is EPC Cat F.

    Now the new Cat E EPC laws come in on 1st April, and I am wondering whether I would still be breaking the law if she chooses to ignore the notice and continue occupation beyond that date, thereby forcing me to use Accelerated Possession after 1st April.

    This same question may also be relevant to another property that will not be economically viable for me to raise to Cat E and therefore I may sell. So again, issue the S21, but am I still on the hook if they stay on past 1st April?

    Thanks



    #2
    Just make sure you apply for a possession order before 1st April, surely?

    Comment


      #3
      That seems a good plan, but I wondered whether, according to the letter of the law, that the EPC Regs would still have been breached? Because the tenancy would continue after April 1st regardless of the fact that I am applying for possession.

      Comment


        #4
        I wouldn't worry about that. As long as you are complying when you sign the application for the PO, I don't see a problem.

        Comment


          #5
          You had 2 years since the legislation came into force for new tenancies to get into compliance (or get out of letting), and that's not counting the 3 years before that after the regulations was made, can't really complain about not enough time. They only gave landlord of tenancies that rolls over into SPT after 2018 six months to sort things out......

          But as JK0 states, there's the real world. I doubt you'll get into any trouble if you're actively taking action to get out of letting come 1 April.
          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.

          Comment


            #6
            IMO you would be in breach on 1 Apr, so raise the EPC to required standard before 1 Apr.

            Comment


              #7
              Thanks all.

              Comment

              Latest Activity

              Collapse

              • Reply to arrears and damage
                by Hudson01
                I applaud you on your forward thinking in regards '' tailing '' them, very smart. I agree with the above comments, i feel for the new landlord...... and in my opinion if you had, had the opportunity to evict them and their two children it is not you who is responsible but the adult who has decided not...
                11-07-2020, 18:16 PM
              • arrears and damage
                by Dougie99
                Hi, I have recently had 2 tenants leave Mother and daughter and 2 kids. They had been in arrears since Feb and left owing £2130.

                I had £1040 deposit signed to me and they signed an agreement to pay arrears over 12 months, they moved out a day before they said they were going to and moved...
                11-07-2020, 08:10 AM
              • Reply to Rent Guarantee Insurance
                by AndrewDod
                I guess the only point ever to insure is if

                a) You think they have calculated a too-low premiums based on the (correct) information you gave (extremely rare) so that you will statistically "win"

                b) If the event (if it occurs) will be life changing. Like medical travel...
                11-07-2020, 18:14 PM
              • Rent Guarantee Insurance
                by oi2004as
                Hi

                I would be interested in your view on the following

                I received a renewal Legal & Rent Guarantee Insurance documents from Rentguard (which initiallyy I purchased through Openrent)

                There is the following condition in their 'statement of fact':
                "The...
                11-07-2020, 11:59 AM
              • Reply to Rent Guarantee Insurance
                by Section20z
                Insurance can never pay out more than it takes in premiums so you're on a hiding to nothing. The only way you'll ever win on insurance is if you have below average luck, but in that case you'd probably also find you'd forgotten to pay the premium 🤔
                11-07-2020, 18:04 PM
              • Reply to Rent Guarantee Insurance
                by AndrewDod
                Yes, RG insurance is pretty much a waste of time. And this is a ludicrous clause at so many levels. I'd drop the policy....
                11-07-2020, 17:56 PM
              • Reply to Break Clause in AST - Recommendations Please
                by AndrewDod
                I think closer to 10 to 14 months in many places - pre virus. 4 months almost never happens anywhere with a tenant who resists in any way. In that time they can basically steal £15K.

                This average of 4 months will include the 90%+ of tenants who leave voluntarily having been served no...
                11-07-2020, 17:52 PM
              • Break Clause in AST - Recommendations Please
                by landlord-man
                I wish to add a Break Clause into our ASTs - actually, I'd like to put two in there if possible................

                First

                To allow either the Tenant or the Landlord to exit the Tenancy after 4 months.

                Second

                To allow the Tenant (not the Landlord) to exit...
                11-07-2020, 15:54 PM
              • Reply to Break Clause in AST - Recommendations Please
                by KTC
                Well yeah, but whether it's wise, and whether it has the effect you intended are different questions.

                A landlord cannot legally evict their tenant except through the courts obtaining an order for possesion and then having that order executed by bailiffs or High Court enforcement officers....
                11-07-2020, 16:56 PM
              • Reply to Break Clause in AST - Recommendations Please
                by theartfullodger
                General advice is to avoid break clauses as they are notorius for being difficult to get valid (only way to find out if they are valid would be in court if tenant and/or landlord sues the other one).

                First doesn;t need a break clause: Simply make initial fixed term of AST only 4 months:...
                11-07-2020, 16:47 PM
              Working...
              X