No EPC

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    No EPC

    I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital. I understand that I cannot serve an eviction order without a valid EPC. My tennent has some mental health problems and has proved to be very uncooperative in the past, (even getting the gas certificate organised has been an annual source of stress over the years!) and I am wondering how to solve the dilemna. She is currently a month in arrears.
    Can anyone advise me on how to proceed please?

    #2
    Why do you think you need a valid EPC for eviction?

    Where is this property (England, Wales, Scotland, Northern Ireland)? When was the last time you agreed a new fixed term, renewal, or extension? What was the term of that? What type of tenancy is it?
    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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      #3
      Tenant not tennent.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.

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          #5
          Thank you for your replies. I was under the impression that not having a valid EPC (or Gas Certificate) makes the tenancy agreement invalid thus at least complicating an eviction.
          I will not be doing anything while the current corona virus crisis is ongoing.

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            #6
            If you didn't give the tenant an EPC at the start of the rental, you have to give them a valid one before giving valid notice under s21.
            If the property has gas, a GSC is mandatory at all times and s21 notice can't be served validly if a copy isn't with the tenant.

            Lack of them doesn't make the tenancy agreement invalid - it's very difficult to make a contract invalid.
            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).

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              #7
              As far as s21 are concerned, EPC being required only started in 2015. If there's been no new tenancy since Oct 2015, then it's not an issue... hence my question....
              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

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