EPC obtained but not provided to tenants – Is S21 valid?
4 years ago | 22 comments
Commercial FRI with no EPC?
12:01 AM, 24th February 2023, 4 years ago
3
Hello, Please could I ask if it is a legal requirement for there to be a valid EPC on a commercial property if a new lease is granted?
A new FRI lease was drawn up and signed by both tenant and landlord (through a solicitor) but the EPC expired 4 months before the new lease was was effective.
Please can someone guide me as to whether the lease is valid?
Thank you,
Lottie
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Member Since September 2022 - Comments: 216
2:21 PM, 24th February 2023, About 4 years ago
Can you get an EPC done ASAP?
Member Since May 2014 - Comments: 218
2:25 PM, 24th February 2023, About 4 years ago
Reply to the comment left by DAMIEN RAFFERTY at 24/02/2023 – 14:21
Would that regularise it then?
Member Since July 2018 - Comments: 44
1:27 PM, 25th February 2023, About 4 years ago
Am I correct in assuming that you are referring to a lease renewal, rather than a new lease to a new tenant, if so and on the assumption that an EPC is only required prior to a sale or letting
Government guidance note of December 2017 states. “Transactions not considered to be a sale or rent
The purpose of providing an EPC during the sale or renting process is to enable potential buyers or tenants to consider the energy performance of a building as part of their investment. Not all transactions will be considered to be a sale or let to which the duties apply. These will include:
lease renewals or extensions ….. etc.
If it is a lease renewal you are unlikely to have a problem based on that guidance. However to confuse matters, please see – The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (“MEES Regulations”) which states that you cannot relet on a renewal tenancy a property which is sub standard. It is probably sensible to get it re-assessed.
I feel that the lease is still valid, but suggest you speak to your solicitor.