been asked by Agent to pay for EPC - if not, they cannot serve notice

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    been asked by Agent to pay for EPC - if not, they cannot serve notice

    Agent has informed that the EPC needs renewing (didn't know it had expired to be honest) - they say that without one they will not be able to serve notice or re-market the property. The latter appears legit, but not sure about the not being able to serve notice - is this just a ruse to get me to pay 90 quid for a non-mandatory certificate I wonder...

    any thoughts most welcome,

    thanks!

    #2
    If the EPC costs £90, they're not making a lot of money from the deal, to be honest.
    So it's quite possible they're sincere.

    The current understanding is that you don't need a current EPC to serve notice (and, yes you would need one to market the property).
    But lots of people think that you do.
    But no one is completely sure, because the regulations are quite new and the wording isn't 100% clear.
    But it's certainly how I operate until something changes.

    Were you planning to serve notice?
    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
      thanks for the response - not planning on changing anything, just surprised that an energy performance certificate would have anything to do with it. Marketing, yes but serving any kind of notice - not so sure...

      which begs the next question - if it transpires that the property in question has a particularly poor rating even off the scale, would that give the tenant grounds to renegotiate, even if they are within an agreement? surely not - sorry no idea how an EPC rating is determined!

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        #4
        Of course they can serve notice now. It might not be valid, but they can serve notice... But yes you'd need to have one done to remarket it.

        Just get it done, keep in line with the law (as I'm sure you'd want both agent & tenant to keep in line with the law.....
        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...

        Comment


          #5
          Originally posted by dusty2020 View Post
          thanks for the response - not planning on changing anything, just surprised that an energy performance certificate would have anything to do with it. Marketing, yes but serving any kind of notice - not so sure...
          If the tenant wasn't given an EPC when one is required to have been given to them (which is probably only before the tenancy begins] it is not possible to serve a valid section 21 notice.
          That should be correctable, but that's not certain either.
          The risk is twofold, firstly that the current interpretation is wrong and not having an EPC for a period during the tenancy also invalidates a section 21 notice.
          Secondily that while not having an EPC the property, the property is marketed and relet because everyone forgets.
          Besides being an offence in itself (but one that is rarely prosecuted), that might have long term implications on giving notice.

          which begs the next question - if it transpires that the property in question has a particularly poor rating even off the scale, would that give the tenant grounds to renegotiate, even if they are within an agreement? surely not - sorry no idea how an EPC rating is determined!
          If the EPC rating is less than E, letting the property isn't lawful, it's not a matter of negotiation.

          If you don't have an EPC there has to be some doubt about whether your let is legal, because the EPC rules have changed in the last decades (ie. since your last EPC).

          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
            thanks for the input, for the sake of £90 I guess it's worth getting it done!

            Comment


              #7
              If your current rating is an E I wouldn't in case you end up with an F and find it isn't legal to let the property. My understanding is that it is required only at the start of the tenancy. And if it isn't at least a C you'll have to do it again in a couple of years anyway.

              Comment


                #8
                ... currently a solid 'D' - but hold on, so if tenant is in property ok and the EPC expires, not obligatory to re-certify unless re-letting (or wanting to serve notice) - who knows what the rating would be
                however, if EPC is redone and it's graded as an 'F' then there are problems?

                interesting

                Comment


                  #9
                  The biggest issue i see (if things pan out the way the interweb says it will), is that when the big ' C ' comes in, all existing tenancies need to be re-EPC'd...... even if the existing tenant is staying and no notices have been served, this is when mass evictions and selling off will take place (i will be doing this a year or so before the big day).

                  Comment


                    #10
                    I'd wait until the tenants move out and get rid of the agent.

                    Comment

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