Epc

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    #16
    Originally posted by lavy View Post
    A section 21 may also be invalid if a valid EPC is not in force after this date so can have quite serious consequences If anyone wants there property back.
    That's not quite correct.

    The regulations for s21 mandate that the requirement to give an EPC to a tenant is met.
    It doesn't say that this has to be current when the notice is served.

    I suspect that this is because the original EPC regulations clearly envisage that an EPC is something that is done as part of selling a property.
    And the new minimum standard legislation hasn't specifically addressed the issue.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #17
      Originally posted by flyingfreehold View Post
      they arent removed just crossed through "expired". The sad thing is that we are prevented from doing any upgrading to the three of our properties which scored the lowest scores, ie Fs and Gs because the tenants have refused any upgrading offered free of charge by the landlord.
      You'll have to evict them then, because these tenancies aren't allowed after 1st April this year and you can be fined.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #18
        Originally posted by flyingfreehold View Post
        they arent removed just crossed through "expired".
        I have recently had an EPC done and the old one has been removed from the online database.

        Comment


          #19
          what if there is no EPC because its an old tenancy that started before one was required at all ??

          Comment


            #20
            Unless the courts decide otherwise, I think that there won't be a problem unless the local authority - who police these regulations - challenge the implicit assertion by a landlord that the property is E or above (which it must be to be let in the first place).
            The landlord would have to prove it is E or better, which requires an EPC survey and, if it fails, would probably be fined.

            So it depends on your feelings about risk.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #21
              The words below are taken from the Domestic Landlord Guidance. I think it will answer your question.
              Answer these questions to find out whether your property is covered by the Regulations

              1. Is your property let on one of the following types of domestic tenancies:
              • an assured tenancy?
              • a regulated tenancy?
              • a domestic agricultural tenancy?

              2. Is your property legally required to have an EPC?

              If the property you let has been marketed for sale or let, or modified, in the past 10 years then it will probably be legally required to have an EPC.

              Comment


                #22
                If you answered Yes to both these questions, and your property has an EPC rating of F or G, you must take appropriate steps to comply with the requirements of the MEES Regulations. We explain how to do this below.

                If you answered No to one or both of these questions, your property is not covered by the Regulations, and you don’t need to take action to improve the property rating. You may let it with an EPC rating of F or G.

                Comment


                  #23
                  Originally posted by lavy View Post
                  what if there is no EPC because its an old tenancy that started before one was required at all ??
                  In this instance I think you would answer No, to Q 2 and therefore I do not think that your property is legally required to have one. I too am in this situation, but I have to say, it is very confusing.
                  If your tenant leaves, and you want to rent to a new tenant, then you would be legally required. This is purely my take on this.

                  Comment


                    #24
                    Or if the council ask you to show that the property meets the new standard.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #25
                      Originally posted by flyingfreehold View Post
                      they arent removed just crossed through "expired". The sad thing is that we are prevented from doing any upgrading to the three of our properties which scored the lowest scores, ie Fs and Gs because the tenants have refused any upgrading offered free of charge by the landlord.
                      I wonder if they will let us in to examine and if necessary upgrade the electric wiring. Basically they dont like anyone coming in to their homes at all. One is a compulsive hoarder and embaressed by the mountains of cr*p everywhere
                      If the tenant will not allow access for the upgrade an exemption can be registered.

                      Comment


                        #26
                        Originally posted by jpkeates View Post
                        That article is dated NOVEMBER 7, 2018
                        Yes, I know. The point being that a trigger is 1 April 2020.

                        Comment


                          #27
                          Originally posted by lavy View Post
                          what if there is no EPC because its an old tenancy that started before one was required at all ??
                          On 1 April 2020 an EPC with a rating of E or above will be required for all domestic tenancies unless an exemption is registered.

                          Comment


                            #28
                            Originally posted by jpkeates View Post
                            You'll have to evict them then, because these tenancies aren't allowed after 1st April this year and you can be fined.
                            No, an exemption can be registered if the LL can't get access. This information can be found at https://www.gov.uk/government/public...e-requirements

                            Comment


                              #29
                              Originally posted by Snakey View Post
                              No, an exemption can be registered if the LL can't get access. This information can be found at https://www.gov.uk/government/public...e-requirements
                              While there's an exemption based on consent being withheld, I don't think not being allowed access might be enough.
                              I think the tenant would have to refuse to let the work be done - a landlord has a right of access in law, so I suspect that they would have to take steps to enforce the access, rather than simply accepting the tenant saying no to the request.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment


                                #30
                                Originally posted by lavy View Post
                                what if there is no EPC because its an old tenancy that started before one was required at all ??
                                It is possible that 22(a) of The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 http://www.legislation.gov.uk/uksi/2...lation/22/made provides a get-out:
                                22. For the purposes of this Part—

                                (a)a domestic PR property, or a non-domestic PR property, is “sub-standard” where the valid energy performance certificate expresses the energy performance indicator of the property as being below the minimum level of energy efficiency,
                                If there is no requirement elsewhere for a valid EPC to be held, then this could be read as "older properties do not have to comply if there has never been an EPC for them" (and possibly properties do not have to comply if the EPC has expired).

                                BUT consult a solicitor before relying on it.

                                Comment

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