Serving notice and EPC regs

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    Serving notice and EPC regs

    First, if any mod thinks this should be in the EPC section, then please feel free to move it and accept my apologies.


    A property I recently took on (to manage, with a tenant it) has never had an EPC. It has never needed one until now as the tenants moved in 21 years ago and have been on a periodic AST after the initial 6 month fixed term.

    In preparation for the 1st April, my company has arranged for an EPC to be carried out which is scheduled for next week. We're confident that it will meet the minimum requirements.


    The landlord (a registered charity) has decided that they need to sell the property and their representatives have been to see the tenants to explain the decision and circumstances leading to it.

    The tenants have taken the news very badly. I do get it; they've lived there for 21 years, they treat the place as their own and it seems they were under the assumption that they would live there forever.

    I wasn't party to the conversation, but the landlords have told me that he's said he won't allow access and won't be leaving when the Section 21 notice expires as 2 months isn't anywhere near enough time to find a new property and vacate.

    My concern now is that he refuses access for the EPC next week and any notice we serve will be invalid as a result.

    Anyone know where we'd stand with this? As far as I'm concerned neither the landlord nor the previous agent has done anything wrong as there was no requirement to have an EPC until now. But if we can't get one done because the tenant refuses access and we can't serve a valid Section 21 without having issued the tenant with an EPC, then it seems we're between a rock and a hard place.

    All other paperwork appears to be in order with the deposit correctly registered and documents confirming that other paperwork was served at the appropriate times.

    #2
    There's been a lot of debate about this situation (not related to s21 here).
    https://forums.landlordzone.co.uk/fo...ns/1096004-epc

    However, you should be fine.
    The Prescribed Documentation Regulations "apply in relation to an assured shorthold tenancy of a dwelling-house in England granted on or after 1st October 2015."
    So you're probably OK from that point of view.

    The tenants are probably right about the 2 months being inadequate, particularly after 21 years.
    Given the length of time that it's going to take to get possession through the courts, would it be possible to suggest to the landlord that they should agree that the tenants should be allowed longer to find a new home (something I am sure you can help them with!) as it will still be quicker than going to court and less stressful and costly for all involved.

    That would probably get the tenants back on side.

    The landlord could be nice and flexible when the tenants give far too short a notice in a few months,

    And if nothing happens, notice can be served later.
    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


      #3
      Thank you for the info.

      Yes, letting the tenants calm down and then going to chat to them from a helpful point of view will be my first approach, but it's good to know your hand when going into these things.

      I'm hopeful they don't see any correlation between the EPC appointment (which they've already confirmed the appointment for) and the landlord's desire to sell/serve notice.

      Thanks again.

      Comment


        #4
        If the LL is a Charity (business) it is unlikely they have an AST, poss a Rent Act T,

        Comment


          #5
          It can't be a rent act tenancy if it started 21 years ago - but it might not be an AST.
          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


            #6
            Persuade the LL not to take action for 6 months and to allow short notice from T, advise the T that LL understand difficulty in finding new home and is willing to be flexible.

            Comment

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