Do I need to renew C rated EPC on existing tenancy?

[Ed209]

My rented flat has an EPC rating C that expires in February. It is currently let, i.e there is an existing tenancy.

Is there any obligation to have the EPC retested when it expires in February, considering I have a tenancy already in place?

[DoricPixie]

My rented flat has an EPC rating C that expires in February. It is currently let, i.e there is an existing tenancy.

Is there any obligation to have the EPC retested when it expires in February, considering I have a tenancy already in place?

Assuming the property in in England and started after 1st October 2015 then you can't issue a valid Section 21 until you provide the tenant with a valid EPC.

[jpucng62]

If you have a tenant in place you do not need a new EPC until you re-let. However, given that your EPC is 10 years old and any new EPC might give quite a different assessment you might wish to know how it scores now. With the proposed mandatory EPC C from 2025/8 you could get a nasty shock with not much time to address the issue.

[Lesney Park]

I found I couldn't remortgage (fixed term had expired) until I obtained a new in-date one.

Might have just been my new lender (Birmingham Midshires) but FYI

[Ed209]

Assuming the property in in England and started after 1st October 2015 then you can't issue a valid Section 21 until you provide the tenant with a valid EPC.

Oh Ok. I provided the tenant with one at the start of the tenancy, though.

[jpkeates]

Assuming the property in in England and started after 1st October 2015 then you can't issue a valid Section 21 until you provide the tenant with a valid EPC.

As long as you supplied one to the tenant at some point (when it was valid) any s21 would be safe - even if it's now expired.

You might get unlucky with a picky judge, but they'd be wrong in law.

[royw]

My understanding is that the EPC must be served at the start of the tenancy but there is no need to renew it if it expires during the tenancy? (assuming it's a valid rating)

[Ed209]

Thanks guys; that's one less thing to worry about in this ever increasingly difficult game.

[Ed209]

Or have I spoken too soon? Quote from OpenRent says:
"April 2020 Changes

On 1st April 2020, the new MEES rules expanded to all existing lets. From this point, an EPC rating of an E or above is required to let your property at all.

Even if your tenancy is already underway and you have no plans to renew, from 1st April 2020, you need to have an EPC rating of E or above or you could face fines."

[jpucng62]

You already have an EPC above E so you are fine.

[DoricPixie]

As long as you supplied one to the tenant at some point (when it was valid) any s21 would be safe - even if it's now expired.

You might get unlucky with a picky judge, but they'd be wrong in law.

Doesn’t the Deregulation Act 2015 say that “the energy performance of dwelling-houses,” is Prescribed Information? How does either the tenant or the landlord know the energy performance if the property is if the EPC has expired? EPC ratings seem to be very variable, on another thread a property appears to have gone from F to D with zero improvements, so it doesn’t necessarily hold that the OP will get another C. The whole EPC thing is a bit of a farce and seems a pointless inclusion in the Deregulation Act if, as you say, it doesn’t matter if the EPC is allowed to lapse.

[Ed209]

You already have an EPC above E so you are fine.

Even though it will expire next month?

[jpkeates]

Doesn’t the Deregulation Act 2015 say that “the energy performance of dwelling-houses,” is Prescribed Information? How does either the tenant or the landlord know the energy performance if the property is if the EPC has expired?

That legislation is set out to enable the introduction of such requirements, and that information is part of a list of things that "may" be included.

The actual legislation that introduced the requirement is the (excitingly named) Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

That requirement is to comply with "...the requirements contained in—

(a)regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012(2) (requirement to provide an energy performance certificate to a tenant or buyer free of charge)".

And that regulation says "the relevant person [the prospective landlord in this case] must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the ...tenant."

So you have to have given it to the tenant before the tenancy begins, but there's no requirement to keep it up to date for section 21 purposes.

Because a property has to be rated E or above, it may be that it is necessary to test the property when a certificate expires to prove that, but it's not something that seems to have arisen in real life.
I'd imagine that most local authorities are more keen to have rental housing stock, even if it's not very energy efficient, than fewer rental properties and better fuel efficiency in that stock.

[jpucng62]

Even though it will expire next month?

Yes. No requirement do have an in date one until the next sale or let.

[Ed209]

Thanks everyone.