Epc

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  • jpkeates
    replied
    There is no requirement for a legionella check at all.
    Electrical safety is a requirement, but no legislation has been introduced to require EICR/PAT although it was going through parliament pre-crisis.
    Gas safety certificates are a requirement where there is gas.
    A new tenant has to be given a copy of a valid EPC for their property, but after that it's currently not a requirement to have an EPC unless the property is to be relet.

    A tenant has no "legal" right not to pay rent even if the requirements are not met unless a court decides that.
    A court may require a landlord to repay the rent a tenant has paid if the property was no maintained correctly, but it's rare.

    If you tell people that they don't have to pay rent because there is no EPC in place, you are misleading them and, if they follow your "advice" could find themselves homeless and in debt.

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  • Stacker
    replied
    Originally posted by MdeB View Post

    I have not heard that before.

    Please provide a reference for the statement..
    If you as the landlord do not have the right checks and balances in places meaning not lawful..GSR certificate annually apporoved, EICR and PAT testing new legislation coming up renewed every few years and now EPC renewable every 10 years stating your property is fit for purpose and habitable however should you not have these in place including a legionella check then the person renting your property could chose to say I will not pay rent until this is rectified and they have the legal right to do that, check with CAB

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Stacker View Post
    If there is no up to date EPC in place then a tenant has the right to withhold rent! So beware..
    That is not correct.
    It is an irresponsible statement because people visit these forums for advice and believing that couldget them evicted.

    Leave a comment:


  • MdeB
    replied
    Originally posted by Stacker View Post
    If there is no up to date EPC in place then a tenant has the right to withhold rent! So beware..
    I have not heard that before.

    Please provide a reference for the statement..

    Leave a comment:


  • Stacker
    replied
    If there is no up to date EPC in place then a tenant has the right to withhold rent! So beware..

    Leave a comment:


  • Section20z
    replied
    Originally posted by jpkeates View Post
    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.
    I know that Thanet Council are being pro-active and investigating every property below E (whether let or not) so if there is any EPC on the register will affect the risk in this area at least !!

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  • jpucng62
    replied
    Given the current lockdown, I imagine leniency is the name of the game at the moment . Councils have bigger problems than trying to enforce LLs to produce a document that may or may not be out of date.

    When we come out of this I imagine there will be quite a lot of activity in the rental market as people adjust to the new normal so many tenancies will probably end and new ones start. That will be the time to ensure you meet the regulations.

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  • mariner
    replied
    Not quite. The LL can apply to Court for Right of Access & ask Court to apply costs against T.

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  • flyingfreehold
    replied
    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.
    Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption

    Leave a comment:


  • Porgie
    replied
    I asked my EPC guy about another property, whereby the EPC has expired and was an E. It expired in Nov 2019 and tenants moved in April 2019, so valid when they moved in. He said that no EPC was required until a new tenancy starts. They are on a rolling periodic tenancy. So, I have left that one alone.

    Leave a comment:


  • jpkeates
    replied
    There can't be a valid EPC, because that's also tightly defined.

    an energy performance certificate for a property is “valid” where—
    (i)it was entered on the register required to be maintained by regulation 27(1) of the EPB Regulations no more than 10 years before the date on which it is relied on for the purposes of these Regulations, and
    (ii)no other energy performance certificate for the property has since been entered on that register.

    So I think I agree with this view - the idea that there is no certificate at all is a possible get out.

    So I think we're back where we began.
    No one knows for sure.

    Leave a comment:


  • Porgie
    replied
    This was sent to me from the PRS Register in 2017:

    It is also worth noting that the requirement for a property to have an EPC (upon sale or let) has only been in place since 2008, so any property let out continuously to the same tenant since before 2008 (and I see you manage one property which has been let out to the same tenant since 2006) will not be legally required to have an EPC. In this case, this property will not be captured by the minimum standard regulations until such time in the future as a new letting (or a sale from one landlord to another) triggers the need to obtain an EPC for the first time.

    Leave a comment:


  • MdeB
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

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  • Snakey
    replied
    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

    Leave a comment:

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