Tenant refusing access for EPC

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    Tenant refusing access for EPC

    Morning All,

    My tenant is refusing access for an EPC to be carried out, but allowing other tradesmen in to remedy faults (that they have caused). I want to get rid via S21, the EPC recently went out of date and I have tried 3 times to book an EPC to be conducted with the Tenant, all times access has been refused. Can I still serve a S21? The EPC was in date and given to the tenant at the start of the tenancy in 2017.

    Any help would be appreciated!

    #2
    Yes, you can serve a s21 notice.

    Use the validity checker at nearly legal - google nearly legal section 21
    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
      You appear to have a calculating tenant there, be prepared for a long slog to get them out.

      Comment


        #4
        When I last looked you don't need to update the EPC. It needs to be updated when the property is marketed. Unless something has changed.

        Comment


          #5
          Yeah, updated EPC isn't a requirement for S21 eviction, as long as they were provided with a valid one at the time the tenancy was taken. Continue. They can refuse entry for gas safety, electrical safety check, EPC, doesn't matter - as long as you can prove you complied at the point the tenancy was taken, and have attempted to gain access to update them (and the tenant has declined to allow you to) it won't affect your case.

          Different story entirely if you never had them in the first place...

          Comment


            #6
            Originally posted by Hudson01 View Post
            You appear to have a calculating tenant there, be prepared for a long slog to get them out.
            Nail on the head I'm afraid.

            Comment


              #7
              Originally posted by hybrice View Post
              Yeah, updated EPC isn't a requirement for S21 eviction, as long as they were provided with a valid one at the time the tenancy was taken. Continue. They can refuse entry for gas safety, electrical safety check, EPC, doesn't matter - as long as you can prove you complied at the point the tenancy was taken, and have attempted to gain access to update them (and the tenant has declined to allow you to) it won't affect your case.

              Different story entirely if you never had them in the first place...
              Thanks everyone for the responses. They were given the gas safety, Oil Safety, electrical safety and EPC on moving in. I notified them that we were going to sell the property and a section 21 would be served etc. It's like I flicked a switch in their head to become difficult. Ever since they have just been trashing the house, becoming difficult. This will be my last time as a Landlord, I don't know how you seasoned Landlords do it, you must be made of steel lol.

              Comment


                #8
                It's all about finding the right tenant which is helped by having the right property in the right area.

                Comment


                  #9
                  Originally posted by GaryGoals View Post
                  This will be my last time as a Landlord, I don't know how you seasoned Landlords do it, you must be made of steel lol.
                  A lot of landlords are coming out due to the never ending assault on LL's, but for those of us who stay it is often good luck that you get a decent tenant combined with an OCD like vetting of the candidates (this is how i do it).

                  Comment


                    #10
                    Hi I too have a question about EPC . I’m a first time landlord and like you all ,I have a tenant that’s not paid for a long time ,she won’t leave ,and won’t let any trades men in , she won’t answer calls ,messages ,letters or emails .
                    The eviction team said before I can serve them with a section 8 & 21 I have to have a ECP . I have tried for months to get one done ,but she will not answer calls or the door . I’m at my wits end as I can’t do anything with out this ECP .This house has never had a ECP.
                    I too fell for the trap single parent wanting set up a home for her and her Daughter bad mistake !! . This tenant certainly knows what she is doing .
                    I really wish I had sold it instead of renting it , it will be sold soon as I get it back .
                    Any help would be most grateful please .

                    Comment


                      #11
                      You might find someone who would do an EPC based on the postcode and without going into the house.

                      You should try sending written notice giving more than 24 hours notice that you will inspect the condition of the property at a sensible time (and that you'll bring your keys so they're not inconvenienced by having to be in for you)
                      and turn up with the keys and knock on the door and see what happens.
                      You have a right to enter unless the tenant declines to let you in.

                      The lack of EPC shouldn't prevent a section 8 notice - the restriction only applies to s21.
                      But letting without an EPC was never allowed (even advertising the property without one was an issue, unless it was a very long time ago) and it's possible for a judge to take against you.

                      I suspect that part of the problem isn't necessarily that the tenant knows what they're doing but that (apologies) you don't.
                      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


                        #12
                        Are you charging the T for the faults they have caused? This stops them from damaging and causing problems in the first instance if they know they have to pick up the bill for it.

                        Comment


                          #13
                          Originally posted by Katbornrider View Post
                          Hi I too have a question about EPC . I’m a first time landlord and like you all ,I have a tenant that’s not paid for a long time ,she won’t leave ,and won’t let any trades men in , she won’t answer calls ,messages ,letters or emails .
                          .
                          This goes to show, never let your guard down with a T, I always make sure all the compliance docs are in place prior to signing the tenancy. The only way you can try and build a defence for yourself is to get the trades people, EPC, Gas, Elect etc to try and contact the T, when they fail, get them to email/ write to you confirming the T's not answering or allowing access. I think your EPC would be the last thing you need to worry about, I'm sure you don't have an ECIR either. Alternatively you could give your T 24 hours notice of you coming round with trade person, when refused entry you have a witness and a trades person to verify this - get them to put it in writing.

                          Comment


                            #14
                            Hi thank you for your much needed advice .I do have everything else in place , and my file is put together . I am following your advice ,my EPC contractor is going to try and make a appointment with her early next week , I will be attending with him,if she fails again he will verify that we have tried a few times to get this job done . Hope the letter will be sufficient enough for my eviction team . Needless to say when she’s out I’m selling up.

                            Comment


                              #15
                              Originally posted by Katbornrider View Post
                              Needless to say when she’s out, I’m selling up.
                              The statement of 2021...... i have heard this an increasing number of times over the past 6 months. All the best.

                              Comment

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