Do I have to pay my Tenants electric bill as it's higher than EPC?

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    If the agent says that it is not fair for the tenant to pay, replay that it is not fair either for you to pay as they are the ones who have wrongly advertised the property so that you will seek compensation from them for any loss.


      Originally posted by JK0 View Post
      If tenant complains to the council, they will compel you to do this anyway.
      Really, under what legislation?
      Allow tenants to protect their own deposits. I want free money when they do it wrong


        Originally posted by thesaint View Post
        Really, under what legislation?
        HHSRS I believe. There have been a couple of posters here over the years who were.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.


          An EPC is valid for 10 years. I'm unaware of anything in the legislation that requires a new EPC to be created when a change is made to the property that may affect the EPC rating, either positively or negatively. Does anyone know differently?

          If the property was never marketed, how did you (or the agent) find the tenants?


            I don't think there's any HHSRS requirement to do another one, but if it's not correct, it comes under the whole misleading information provisions of the Consumer Rights Act.
            So I think there's an indirect need to keep them up to date.

            The property must have been "marketed" from a legal point of view, someone's been told about it and, almost certainly, viewed it.
            The tenant must/should have been given the EPC before signing the contract.
            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).


              It's an interesting theory about an old EPC coming under Consumer Rights Act, possibly so, but I'd be surprised if that's been tested. An EPC is only supposed to provide estimates in relation to energy costs.

              The reason I asked about the marketing and how the tenants found out about the property is sort of connected to that point. Were they provided with any particulars about the property to let and when did they view the property (i.e. before or after the changes to the heating). It's one thing to say they relied entirely on an old EPC, and another if they viewed the property and were made aware of the new heating system. Of course, if the agent provided the original EPC, used the same particulars and photos from the sale prior to the change, and they didn't view the updated property, then I'd say they have a strong case for having been misled.


                I don't think that the estimates are the key issue.

                IMHO, the key issue is that the property was described as having cheap evening heating when in fact it hasn't.


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