Tenant allowed to challenge new EPC rating?

Tenant allowed to challenge new EPC rating?

0:02 AM, 14th March 2024, About 8 months ago 31

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Hi, we purchased a property in 2.5 acres of land from a company that owned it as well as other adjacent land including a quarry. There was a tenant in situ on a periodic AST.

The tenant had been left for years basically doing what they wanted with no management and only one rent rise in the whole time they’d been there.

When we completed the purchase, we found the current EPC, which was 8 years old, had an F rating. There were 2 recommendations to bring it up to an E which we set to work doing and also some roof and chimney work identified in the survey. We commissioned another EPC company to do a report to ensure there were no further requirements as regulations changed.

The report identified the same 2 (roof insulation and cavity wall) plus we also added 2 more as they were easy fixes (cylinder jacket and thermostat).

The tenant has been at times, quite obstructive so we were relieved to be able to finally have the house reassessed and rated as E. We instructed an eviction specialist to handle the S21. After this was served, the tenants wrote us a nasty letter accusing us of all manner of things including damaging ‘their’ property and not upgrading their property and listing what they wanted improved and a timescale. They also stated that we had colluded with the EPC company to improve the rating.

The eviction specialists assured us everything was in place, and to wait for the date on the S21. The EPC company contacted us to let us know a relative of the tenant had contacted them purporting to be a Domestic Energy Assessor (DEA) with the same accusations. The tenant has complained to the EPC company several times insisting the rating is wrong and needs to be reduced.

Seeing as we primarily followed the previous companies report it’s a ludicrous accusation. Anyway the tenant has also complained to the accreditation people so now the assessment is being reviewed.

I’m astonished that the tenants can trigger the review process. The EPC people have been brilliant but have to go with the process. I’d appreciate peoples comments or similar experiences.

Thank you,

Caroline


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moneymanager

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10:05 AM, 14th March 2024, About 8 months ago

Can you evict without a valid EPC, the property should never gave been marketted without one and the solicitor shouldn't have conducted the transfer.

Belsh

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10:34 AM, 14th March 2024, About 8 months ago

Reply to the comment left by moneymanager at 14/03/2024 - 10:05There is an EPC, it is 8 years old as stated in the question? Who's money do you manage???

Judith Wordsworth

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10:43 AM, 14th March 2024, About 8 months ago

Reply to the comment left by moneymanager at 14/03/2024 - 10:05
Would seem the property had a valid EPC albeit 8 years old. OP doesn't say whether they bought with the tenant in situ or when they purchased the property or when they did the works to bring the property up to EPC E.
EPCs were first introduced on 1 August 2007, specifically in England and Wales. They were part of the Home Information Packs (HIPs) for domestic properties with four or more bedrooms. Later extended to smaller properties and mandatory for all buildings put up for sale or rent since 2008.
Only needed an EPC minimum E from 1 April 2018 to advertise a property for rent or sell and since 1 April 2020 for all rental properties including existing tenancies.

Cider Drinker

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10:55 AM, 14th March 2024, About 8 months ago

If you bought on or after 1st April 2020, you should have improved the property or sought an exemption.

I’d be surprised if another assessor would rate it an F or G, effectively supporting the tenant.

I’d be speaking with an eviction specialist. If the property cannot legally be let to tenants. Grounds 6 (mandatory) and 13 (discretionary) might be available.

Stuart Parker

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11:15 AM, 14th March 2024, About 8 months ago

The tenant is obviously very bitter about being evicted and is throwing everything at it to try and delay or stop the eviction. I wouldn't worry about the challenge to the EPC, you have acted wholly professionally by bringing it up to the standard and I would think it unlikely it would get overturned but if it does you may be better off just doing what is required to meet the new standard as a further challenge from you will delay the eviction. Just make sure you have all your other ducks in a row, gas certs, eicr, proof of how to rent being issued etc. Personally I would get an eviction specialist involved as it has already got messy so it's likely to be a bumpy ride.

Old Mrs Landlord

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11:20 AM, 14th March 2024, About 8 months ago

I an puzzled as to why the tenants would want the EPC rating lowered from E as the effect would be to render the property non-compliant for letting purposes and you would therefore be forced to evict them. Has this been explained to them?

Caroline Crute

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11:26 AM, 14th March 2024, About 8 months ago

Reply to the comment left by Judith Wordsworth at 14/03/2024 - 10:43
All the info is in the post. We completed the work in about 8 weeks with Christmas smack in the middle and with access difficulties due to the tenant

Caroline Crute

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11:28 AM, 14th March 2024, About 8 months ago

Reply to the comment left by Old Mrs Landlord at 14/03/2024 - 11:20
They are doing it to try and block the eviction (S21 was served by an eviction specialist) I believe the tenant has been wrongly advised by her brother as all she may do is delay everything?

Caroline Crute

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11:32 AM, 14th March 2024, About 8 months ago

Reply to the comment left by Stuart Parker at 14/03/2024 - 11:15
Thanks, we have an eviction specialist handling the eviction. I think she's been badly advised by her brother, and yes is probably bitter. We actually offered her a lump sum (and agreed to move her years of rubbish as it's like hoarder city there) rather than pay solicitors but her brother has started all this. I'm just astonished that they can challenge it?

Caroline Crute

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11:39 AM, 14th March 2024, About 8 months ago

Reply to the comment left by Cider Drinker at 14/03/2024 - 10:55
We did the improvements within 8 weeks. It was delayed starting due to the tenant refusing to acknowledge contact and then Christmas being smack in the middle. The trouble only started after the EPC rating was improved and S21 served. I just can't believe they have the right to challenge the EPC?

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