Out of date EPC causing problems with repossession?

Out of date EPC causing problems with repossession?

0:07 AM, 6th June 2023, About 2 years ago 23

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Hi, I’ve just had this in a letter from our letting agents…

“Renewing your EPC isn’t legally required at this point, however, there have been cases where courts have queried an out-of-date EPC during possession proceedings, with possession not being granted or delayed, due to the EPC being out of date.”

Has anyone any knowledge of this, please?

Or are the letting agents just trying to sell something unnecessarily?

Thank you,

GG


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Bob S

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15:37 PM, 10th June 2023, About 2 years ago

Could someone advise as to the affect that the form of periodic tenancy would have (Contractual or Statutory) on the need for a refreshed EPC at the end of its 10 year shelf life during the repossession process ?

A similar question exists if the AST was signed up before MEES came into force ? ie if the AST was signed in 2006 and became a Contractual Periodic would an EPC be needed at all during a S21 repossession?

GlanACC

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17:26 PM, 10th June 2023, About 2 years ago

My understanding is stat the EPC must be given to the tenant before they move in. Onve moved in, even if the EPC expires you do not have to get a new EPC as long as the tenant remains the same. Legaly, the EPC is only required at start of a new tenancy (transition from a fixed period to a periodic is not a new tenancy), so should not affect the S21 as long as the tenant hasn't changed

Badger

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15:04 PM, 15th June 2023, About 2 years ago

Reply to the comment left by GlanACC at 10/06/2023 - 17:26
"transition from a fixed period to a periodic is not a new tenancy"

Not entirely true in all scenarios.

My understanding is that a "statutory" periodic may, at least in certain circumstances, be treated as a new tenancy whereas a "contractual" periodic will not.

This certainly makes a difference when it comes to liability for council tax when the time comes for the tenant to move on.

Not sure if the distinction would be material / counted as such in the current scenario though. Others will probably know better / more definitively.

(Lazy drafters of AST contracts often simply refer to the contract becoming a statutory periodic (or even just simply periodic which means the same thing under the law) at the end of the fixed period. Landlords should always insist on the language referring to contractual periodic - if only to ameliorate possible issues with the council tax liability at the end of the tenancy.)

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