EPC BEFORE jAN 2013 AND S21

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  • EPC BEFORE jAN 2013 AND S21

    What a wonderful place this forum is, I’m a Newbie and have a couple of questions I hope to get answers for.
    My understanding was there was no legal landlord requirement for EPC before Jan 2013, but not sure now.

    A, If tenants were granted a shorthold tenancy for a 4 bed house in Sept 2012 and moved in before January
    2013 did I needed to have an EPC in place to advertise and to let the property, importantly did/do I need one to issue a section 21 notice to them.

    B, If I need an EPC to issue a section 21 can I have one done now to comply and could tenant refuse to have EPC done. Or Could I pay back deposit to comply.

    C, Does applying for a rent increase preclude serving a s21.

    The tenancy rolled on and became periodic after the first fixed term.
    Thank you for reading this.

  • #2
    I believe you are okay on both EPC and rent increase. The form to apply for a possession order is here: http://formfinder.hmctsformfinder.ju.../n005b-eng.pdf

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    • #3
      Great, thank you. there is a clause within the original SH lease that states "The rent will be reviewed and may be increased at the end of the fixed term and annually thereafter".
      So do I give a months notice of increase, do I then issue section 16 or not and is there limit to the rent increase as I only charge £650 pcm and all comparable properties in the area are at least £900 pcm and LHA rate is over £850 pcm. what do you advise.

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      • #4
        I would try to get agreement rather than send notices. I ask for about double the increase I am after, and compromise half way.

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        • #5
          So I take it there isn't a limit to the increase amount, but what happens if we can't reach agreement, do I just increase and if they don't pay class it as arrears, can I serve a section 8 if that happens or rely on s21.
          To be frank I would prefer they left, haven't had too many problems with rent payments so far, but they have been very difficult and obstructive, not agreeing to gas checks, requesting work and then not letting workmen in over and over. Thank you for your good advice, it's much appreciated.

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          • #6
            I suggest s21 if you can't reach agreement.

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            • #7
              Thank you so much for clarifying all the points I raised.

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              • #8
                A - yes you needed an EPC to advertise the property, but no, it shouldn't invalidate a s21 notice.
                B - is not applicable becsuse of A.
                C - no, although it might confuse the tenant. You can increase the rent using a section 13 notice, you don't need to accompany the increase with a threat of repossession.
                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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                • #9
                  If you use s13. the T can appeal size of increase, but not the base rent to FTT within 28 days.
                  FTT can set reasonable rent increase, based on local rents, which is binding on both T & LL for 1 year.
                  I feel this is a more amicable solution if T objects to LL's proposed increase.

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