Do I have to renew EPC?

Do I have to renew EPC?

0:02 AM, 7th March 2023, About 2 years ago 6

Text Size

Hello, Can someone please help? I am in my 70’s and only let two properties, I’m not an experienced landlord.

I have had a tenant in a property for 7 years and never put the rent up in all that time. I wanted to have the property back to sell and allow us more money in our later years.

I issued a section 21 notice only to now find out the EPC expired in January 2023 – I can only put it down as an oversight.

However, I was told, as I originally had one and the tenants were long standing that there was no law stating that I had to renew it, is this true?

I would be very grateful for any help and advice.

Thank you,
Les


Share This Article


Comments

Audie Waterman

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:26 AM, 7th March 2023, About 2 years ago

Les,

Having read a lot on this now, I think the only issue you currently will likely have is in issuing the Section 21 as that will not be allowed unless the EPC is valid. Did you/can you ask your legal team when drafting the Section 21 order? They will definitely know best.

If the property is below the energy standards required (F or G) then you will have problems, I assume that the previous EPC was above that or you would not have let it out.

Here are some links if you like to read.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/882957/Domestic_Private_Rented_Property_Minimum_Standard_-_Landlord_Guidance_2020.pdf

https://www.movewise.co.uk/articles/energy-efficiency-rules-for-rented-property

It would usually be a great time to add value to the property and increase the EPC rating but personally I think I'd wait until after the eviction.

Good luck,

Audie

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:15 AM, 7th March 2023, About 2 years ago

As same tenant in situ you only need to renew for new tenant or when advertising for new tenant or for sale.

If tenant is agreeable book the EPC in now and get it done. It is tax deductible and lasts 10 years. Ideally use the same assessor and email then a copy of what they last did

Not meaning to sound harsh, but landlords cannot have "this was an oversight". Should it be for a gas safety certificate Wong be any defence against a fine!

Reluctant Landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:20 AM, 7th March 2023, About 2 years ago

as far as I am aware if you gave the tenants a copy of the valid EPC at the start of the tenancy (which from what you say has been concurrent) and they have remained at the property then there is no need to have had a new EPC at the point it expired. A S21 would still be valid.

If you didn't serve the EPC before the start of the tenancy or the EPC was not the min required level like F or G then yet it would not be valid (you would not have been legally allowed to let in that case anyway)

Rod

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:13 PM, 7th March 2023, About 2 years ago

DSR is correct
1.1.4.2 of the government guide states
"Once an EPC reaches the ten-year point and expires, there is no automatic requirement for a new one to be commissioned. A further EPC will only be required the next time a trigger point is reached, i.e. when the property is next sold, let to a new tenant, or modified in the manner described in section 1.1.4.1 EPC Overview above."
I suggest you consider joining a landlord association, such as iHowz, where you can access their documents and guides, as well as the friendly and knowledgeable team on their advice line.
https://ihowz.uk/
If you would like to learn more about the changes landlords need to know about and how iHowz are lobbying parliament on the proposed legislation coming landlords way, you can see iHowz's Peter Littlewood speak at next week's National Landlord Investment Show in London
https://www.landlordinvestmentshow.co.uk/peter-littlewood

I asume the issue arose when solicitior asked for new EPC for sale

DPT

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

14:42 PM, 7th March 2023, About 2 years ago

As already said, you don't have to renew the EPC to serve a valid notice, but you do have to have served the original EPC to the tenant prior to service of the s21 notice and you need evidence of that to show the court.

There are lots of other requirements for a valid s21. Google nearly legal s21 flowchart and have a look through to check yours.

Transformation

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

17:20 PM, 7th March 2023, About 2 years ago

No EPC required if you meet this condition. My tenant refused to allow me to get one done so I could sell the property. Glad the law changed.
https://www.weightmans.com/insights/no-requirement-to-provide-epc-when-serving-section-21-notice-for-pre-2015-tenancies/

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More