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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GlanACC

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21:01 PM, 14th March 2024, About 8 months ago

Reply to the comment left by Caroline Crute at 14/03/2024 - 20:21
Yes, I understood that as well. I even had a letter from Derby council noting that my property was an F and they required it to be an E (the tenant hadn't chaged in that time)

DPT

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21:32 PM, 14th March 2024, About 8 months ago

The tenant can not only challenge the EPC, they can commission their own and get it registered.

I must say that I'm surprised your EPC improved without any work being done. The assessment process has changed since your last one and new grades have gone down, not up.

Caroline Crute

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21:36 PM, 14th March 2024, About 8 months ago

Reply to the comment left by David at 14/03/2024 - 21:32
The work WAS done (as I wrote in my post). We carried out the recommendations to get it to an E plus 2 others. Although the numbers have tightened up it was still enough to raise it to an E. The tenants are just trying to stop the eviction

DPT

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21:47 PM, 14th March 2024, About 8 months ago

Reply to the comment left by Caroline Crute at 14/03/2024 - 21:36
Apologies, I missed that.

A fedup landlord

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5:06 AM, 16th March 2024, About 8 months ago

Reply to the comment left by Caroline Crute at 14/03/2024 - 20:21
I read it somewhere on line that it's not compulsory to renew your EPC to use s21 if the same tenant is in the property and no new tenancy agreement was signed. in theory, it should be OK as long as you have a valid EPC in place when tenants agreement was signed, but I am not sure how the judge will see it, I'm not sure if anyone has tested theory on this. I'm currently going through s21 myself and have a bit EPC problem myself, as the original EPC I had has lapsed during the tenancy, although I have renewed since s21was issued just to be on the safe side. I hope it will go through, fingers crossed. I noted you have said the tenancy agreement was signed in 1999, which is prior Oct 2015, according to NLA's advice line, you don't need to provide any of the required documents, just put a note in to say agreement was signed prior Oct 2015. This has not been tested, I have put a note in mine, although I do have all required documents in place apart from a gap in my EPC, let's see what happens. I'll keep you posted for result.

GlanACC

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7:37 AM, 16th March 2024, About 8 months ago

Reply to the comment left by S Page at 16/03/2024 - 05:06
You need to google several sites that explain this and take a printout to the judge, he may have discresion but he can't change the law. If he tries to object show him the printouts and he is duty bound to follow the law.

Contango

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8:14 AM, 16th March 2024, About 8 months ago

Reply to the comment left by moneymanager at 14/03/2024 - 10:05
I dont think you are right. This letting was only part of a larger lot. What would he sensible is to invest a bit more cash to boost the eating further rather than waste tour energies in an eviction.. just keep chipping away at the problem with more insulation, more modern boilers, more modern windows to a higher spec, improved lighting and control gear, over roof your tatty old flat roofs with 6 inches of insulation and a new membrane. Increase insulation in lofts etc

Contango

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9:27 AM, 16th March 2024, About 8 months ago

Reply to the comment left by Old Mrs Landlord at 14/03/2024 - 11:20
No they want to make the argument that it's unfit and therefore the rent should be nil or that they can claim compensation

Pramila

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14:57 PM, 16th March 2024, About 8 months ago

Listed buildings are exempt from EPC.

Contango

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17:17 PM, 16th March 2024, About 8 months ago

Reply to the comment left by Pramila at 16/03/2024 - 14:57
That's not actually true. They are not exempt. But the owners can obtain an exemption on carrying out work if it would adversely affect the historic fabric. Nonetheless an EPC should be obtained in the first instance prior to letting or sale. There is however an exemption for a building of overall area of less 50 m2

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