Lack of EPC enforcement in Scotland puts tenants at risk

Lack of EPC enforcement in Scotland puts tenants at risk

0:02 AM, 21st December 2023, About A year ago 8

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A lack of Energy Performance Certificate (EPC) enforcement in Scotland is putting tenants at risk of high energy costs or cold homes, one firm says.

PayProp UK sent Freedom of Information requests to the Scottish government and some of the country’s biggest councils, including Edinburgh, Dundee, Aberdeen and Glasgow.

The results showed that neither central nor local authorities appear to know how many rental properties do not have an EPC.

Since 4 January 2009, it has been a legal requirement for a Scottish rental property to have a valid EPC and display it when advertising the property to let.

‘Private rented properties lacked a valid EPC’

The firm’s managing director, Neil Cobbold, said: “We were surprised to find that none of the officials we spoke to were able to answer how many private rented properties lacked a valid EPC, and that across Scotland’s biggest cities, no landlord had ever been fined for not having one.

“Both national and local governments need to do more to ensure tenants are warm this winter.

“Enforcement should be a priority against a small but no less significant number of landlords who do not comply with current environmental rules.”

He added: “This is especially important as the Scottish government has singled out high energy costs and fuel poverty rates among private renters as a key part of its justifications for continuing to cap rent increases in the latest review of The Cost of Living (Tenant Protection) (Scotland) Act 2022.”

Expected energy costs of living in a rented property

PayProp says that an EPC is essential to enable tenants to make informed choices about their expected energy costs of living in a rented property.

And none of the local councils that were approached have ever fined a landlord for not having a valid EPC for their rental property or for advertising a property for rent without one. PayProp says its research points to a lack of enforcement across Scotland’s biggest rental markets, which is putting tenants at risk.

The Scottish government is predicting that 46% of households in the private rented sector (PRS) will face fuel poverty this December.


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Fed Up Landlord

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9:59 AM, 21st December 2023, About A year ago

Whose side are you on Payprop? Yes we know all let properties have to have EPCs. Yes we know that some landlords don't. But I have never had a tenant mention the EPC at any time on a letting.

"PayProp says its research points to a lack of enforcement across Scotland’s biggest rental markets, which is putting tenants at risk"

Tenants at risk? I can see this with a gas or elec cert. But an EPC? Bit dramatic.

Tenants in the "wannabe indypenderrrentttt Scarttlllannnddd" will be lucky to find a property to let at all let alone one with an EPC due to the SNP and its landlord hating policies. Same in Wales and soon to be the same in England. No need for Payprop to jump on the lefty landlord bashing wagon.

So glad I never signed up with you in my agency.

Martin Roberts

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10:08 AM, 21st December 2023, About A year ago

So no one has been fined.

Perhaps no one is breaking the law?

Not much of a story, though.

Reluctant Landlord

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11:37 AM, 21st December 2023, About A year ago

so basically a 'story' about how a council does not even know itself how many properties in it's own boundary area, this piece of legislation actually applies to.

hahahahahah!

Paul Essex

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11:51 AM, 21st December 2023, About A year ago

Lack of enforcement is probably keeping tenants in their homes - ridiculous targets are reducing the numbers of available homes.

Cider Drinker

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14:40 PM, 21st December 2023, About A year ago

Don’t worry. Landlords and tenants know that an EPC is required.

The U.K. government has already acknowledged that EPC’s SAP system is flawed. I would hope that any landlord that is fined for not having a suitable EPC would appeal the ruling.

Mick Roberts

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10:31 AM, 22nd December 2023, About A year ago

PayProp will be putting tenants at risk of high rents.

Angela Wilcox

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9:36 AM, 23rd December 2023, About A year ago

I am a landlord in Scotland where all landlords have to be registered, and register all their properties. As part of the registration, or re-registration process every 3 years, you have to answer a series of questions, one of which is asking if you have a valid EPC for the property. I have a property that has been let for 16 years, so I say no, as the rules state that you only need a valid EPC when selling or reletting. This then blocked the registration as it said I had to get an EPC. Took quite a while to prove to Landlord Registration, and involved having to quote their own legislation back to them, before they allowed the registration to go ahead.
Even following all the onerous rules is made harder when those in charge do not understand their own rules.

Puzzler

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9:44 AM, 23rd December 2023, About A year ago

EPCs are a very poor guide to energy efficiency and Payprop presumably has a vested interest as it provides software for letting agents

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