S21 and Compliance with New EPC Regs

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    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.

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

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              #7
              Thanks all.

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