EPC obligations

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    #16
    Hooray for free boilers for tenants and annual gas inspections!
    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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      #17
      I don't see what the big deal it about GFCH. On average a boiler lasts 12-15 years, you get it serviced and certificated once a year and in return you get happy tenants.

      All that is needed is a competent, reliable plumber or 3 and a tenancy clause allowing the engineer in if tenant does not respond to a text of notification. Not exactly rocket science.

      I would feel terrible offering an F or G to the market.



      Freedom at the point of zero............

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        #18
        As far as I know an EPC certification is valid for 10 years, so the same EPC cert can be served to subsequent tenants.

        With regards to the sec 21, LL are required to have Gas cert anyway however with regards to the condition IMO a tenant can now scupper a section 21 just as easily as a section 8( Only difference is that the complaint must be put to the LL in writing BEFORE section 21 served). So tenants in the know will simply put in a complaint before 4 months are up protecting them from a section 21. Now what i don't understand is to what standard should repairs be done in order to negate the complaint and who will be the judge of these repairs?

        In any case as time goes by T are going to find it more difficult to find housing as LL become fussy. And all this added cost can only mean higher rents.
        Any advice I give is my opinion and experience, I am as you also learning.

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          #19
          The legislation assumes that councils will be able to cope with the volume of complaints (they won't, but that's a separate problem).

          The tenant has to complain and the council have to agree with the complaint and consider it's serious enough.
          So the council will decide if the landlord has complied with the rectification requirement.
          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


            #20
            Reading the proposed changes I understand it as, a written complaint served by the T to the landlord without even involving the council at this stage stops LL serving section 21 for at least another 6 months. So if the LL acts quickly to the complaint and rectifies the issue(to the Tenants satisfaction) without the council even getting involved. The LL still cannot serve a section 21 until 6 months from the written complaint.
            Any advice I give is my opinion and experience, I am as you also learning.

            Comment


              #21
              I think the terminology of the act is that a tenant complains and a council issues notices.
              As I read it, the 6 month restriction relates to notices, not complaints.

              Have I missed something?
              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


                #22
                jpkeates,

                You are right with relation to the six month restriction referring to the NOTICE and not compliant. But a section 21 will still be invalid on serving of a complaint.


                A section 21 notice given in relation to an assured shorthold
                tenancy of a dwelling-house in England is invalid if—

                (a) before the section 21 notice was given, the tenant made a
                relevant complaint in relation to the dwelling-house to the
                landlord
                or the relevant local housing authority, and

                (b) since the section 21 notice was given, the relevant local
                housing authority has served a relevant notice in relation to
                the dwelling-house.

                (3) It is a defence to proceedings for an order under section 21 in
                relation to an assured shorthold tenancy of a dwelling-house in
                England that—

                (a) before the section 21 notice was given, the tenant made a
                relevant complaint in relation to the dwelling-house to the
                landlord or the relevant local housing authority, and

                (b) subsection 4 applies.

                (4) This subsection applies if—

                (a) the relevant local housing authority has not decided
                whether to inspect the dwelling-house or the common parts,

                (b) the relevant local housing authority has decided to inspect
                the dwelling-house or the common parts but has not
                conducted an inspection,

                (c) the relevant local housing authority has conducted an
                inspection of the dwelling-house or the common parts but
                has not decided whether to serve a relevant notice, or


                (d) the relevant local housing authority has decided to serve a
                relevant notice in relation to the dwelling-house but the
                relevant notice has not been served.
                Edit: I missed the key word 'and'
                so now i read it as,
                The section 21 is still valid if the council do not take any action by the time proceedings are started BUT it can be a defence for the tenants.
                Any advice I give is my opinion and experience, I am as you also learning.

                Comment


                  #23
                  The reasoning in the lords was - the notice has to have 2 months to be effective, that, plus the "average" time for a court hearing of two months will give everyone time to do what has to be done.

                  Where that average was plucked from, I have no idea.
                  Councils will not (I predict) be able to cope with the volume of complaints (if you get a section 21 and don't like it, sending a complaint costs nothing. Landlord responds (waits for forum to meltdown with questions when that happens) and then tenant complains to council.
                  Council won't make it in time (which the tenant can ensure, available for visits on Sunday between 2 and 2:30 AM) and then court will adjourn - another couple of months or so delay.
                  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


                    #24
                    another couple of months or so delay.
                    Meanwhile T decides to stop paying the rent which has no bearing on the section 21. What a nightmare
                    Any advice I give is my opinion and experience, I am as you also learning.

                    Comment


                      #25
                      And you can't start a section 8 hearing for arrears because the disrepair defence is essentially a given.
                      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


                        #26
                        Originally posted by Interlaken View Post
                        I don't see what the big deal it about GFCH. On average a boiler lasts 12-15 years, you get it serviced and certificated once a year and in return you get happy tenants.

                        All that is needed is a competent, reliable plumber or 3 and a tenancy clause allowing the engineer in if tenant does not respond to a text of notification. Not exactly rocket science.

                        I would feel terrible offering an F or G to the market.
                        Hmm. Well I don't. The problem with boilers is that they seem to know when it's Christmas, and give up the ghost. Then your tenant has no heating or hot water at all until you can beg someone to go round. Plus, any time a part needs replacing, who is going to argue about the £350 you are told it costs?

                        My tenants generally get their properties with storage heating for around £50 per month less than those with gas. I think a £600 a year saving compensates them for the cost of the electricity. Plus, any time something goes wrong, it's only with one thing, not the whole system. My tenants are very happy.

                        Funnily enough in Jersey, it's the other way round. The States owned Electricity Company are encouraging people to do away with gas & oil in favour of electric heating.

                        http://www.jec.co.uk/your-home/heati...pecial-offers/

                        90% of the electricity is Nuclear from France, so is seen as 'low carbon' compared with gas.

                        Actually, my view is that British off peak energy is also low carbon, as it is generated by power stations that have to run whether they are used or not. If the energy isn't used, it just goes up the cooling tower.
                        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                        Comment


                          #27
                          Originally posted by Interlaken View Post

                          I would feel terrible offering an F or G to the market.
                          I bet this landlord felt terrible about it too;

                          http://www.rightmove.co.uk/property-...-49141292.html

                          7 bedroom property to rent
                          Chester Square, Belgravia, London, SW1W
                          Let Agreed
                          £13,000 pw| £56,333 pcm
                          fees apply

                          An impressive seven bedroom house to rent in Belgravia. The property is one of the largest houses in Chester Square and benefits from having a grand portico entrance, elegant first floor drawing room with exceptional views of Chester Square and passenger lift.

                          EPC rating 'G'


                          I live in an F/G rated flat (not like the property above!), can't improve the rating any higher.
                          My neighbours rent theirs and would be devastated if they had to move to an A rated, soulless Barratt box.
                          They choose to live there because they want to live in a draughty old character property.

                          (Incidentally, all my rentals are D or above.)

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