Evicting a tenant who doesn’t reply and may have gone to Thailand?
1 year ago | 6 comments
Will incorrect EPC rating affect my eviction case?
12:01 AM, 17th March 2025, 1 year ago
21
I am going to take my tenant to court, I served a notice in December, she has failed to leave, been advised to stay, stopped paying the rent too.
My real concern that’s causing me terrible stress is, I discovered that although I had a valid EPC certificate, it was a F rating, I did not realise at time of letting that it was not correct. A total oversight on my part. Thing is the next EPC certificate states it’s a rating D, and nothing in the property has changed.
Any advice on what consequences this will have in court for me?
Thanks,
Cath
Tags:
EPC rating impact, eviction process, Landlord Legal Advice, Landlord rights, section 21, Tenant Eviction UK, tenant not paying rent
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Member Since February 2022 - Comments: 206
10:43 AM, 17th March 2025, About 1 year ago
So the question is was this rented before the need to have an F and also issue the EPC to the tenant? When was the EPC “corrected” and was this corrected EPC served to the tenant during their tenancy? If so then it’s probably a moot point but assuming your notice is S21 then I guess there is a chance it can be invalid and thus be challenged. You might have to correct this and re-issue a S21 rather than chancing it at a possible hearing. Interesting to hear what others think.
Member Since February 2023 - Comments: 39
10:54 AM, 17th March 2025, About 1 year ago
Explain this to your solicitor asap so they’re prepared.
To my knowledge if the epc was D before serving s21 and you have evidence that tenant received updated docs you’ll be fine.
Either way, the solicitor should be aware in case it comes up in court to respond robustly.
Member Since September 2021 - Comments: 213
11:05 AM, 17th March 2025, About 1 year ago
Is not there some kind of legal remedy such as an application to rectify the EPC Register ?
Member Since October 2013 - Comments: 1642 - Articles: 3
12:50 PM, 17th March 2025, About 1 year ago
It’s now compliant, but if the tenant does try to use the EPC F issue as a challenge (assuming the rental began after 1/4/20), one would hope the judge would view it as a moot point, especially as it’s now compliant, and ask why the tenant didn’t query it at the time.
My concern is judges look for any excuse to block eviction.
Member Since September 2021 - Comments: 213
1:03 PM, 17th March 2025, About 1 year ago
Reply to the comment left by NewYorkie at 17/03/2025 – 12:50
Sorry my comment was not clear.
Cannot the rectification state that the correct rating is x from the original date and not from the date of rectification?
That is the whole point of rectification as a remedy.
Member Since January 2015 - Comments: 1450 - Articles: 1
8:35 AM, 18th March 2025, About 1 year ago
Was the property rented to this tenant prior to 2008?
If your EPC had a rating of F then you shouldn’t have rented the property out after 2008.
On renewal the EPC was rated as D. Ratings are, though shouldn’t be, subjective to different assessors. Unlikely that this EPC could be applied for when your tenant moved in.
If challenged by your tenant a judge may treat as black and white as you should have known. Also if you purchased the property after 2008 it should not have been on the market for sale with an EPC rating of less than an E if in England or Wales.
Member Since October 2020 - Comments: 1178
11:15 AM, 18th March 2025, About 1 year ago
The requirement is to serve the tenant with a valid EPC cert prior to service of the s21 notice. Provided that you have evidence of service of the D cert before the notice, I dont think it should affect the validity of the s21 notice.
The tenant could ask the Council to bring a prosecution against you for letting the property illegally, but whether they would do that is another matter.
Member Since October 2013 - Comments: 1642 - Articles: 3
1:26 PM, 18th March 2025, About 1 year ago
Reply to the comment left by SCP at 17/03/2025 – 13:03I understand what you’re asking. When you received the F rating, what did you do to rectify it, and when? Don’t want you to give the tenant even the slightest of questions.
Member Since June 2024 - Comments: 8
12:21 AM, 19th March 2025, About 1 year ago
Yes this will effect your case because when you served your tennant their notice you did in fact serve them with the incorrect paper work as you clearly stated you served them the epc paper work which stated a rating of an f but you have epc rating paper work stating it as a rating d, so the best thing to do is to cancel the Eviction and then re-issuse a new section 21 with all the correct paperwork
Member Since October 2013 - Comments: 1642 - Articles: 3
8:52 AM, 19th March 2025, About 1 year ago
Reply to the comment left by paul bell at 19/03/2025 – 00:21
You could claim you gave them the old certificate in error.