Landlords warn that energy efficiency plans are ‘dead in the water’
3 years ago | 55 comments
EPC and legal obligations?
10:22 AM, 16th January 2023, 3 years ago
18
Hello, We all know that you are legally required to obtain an EPC on a property you let, and you are also required to give a copy to the tenant before they enter and AST etc…but…
Are you legally required to actually show this to the Council?
This may sound like an odd question but from what I can see you can only be prosecuted if you fail to actually have one carried out (by Building Control within a council apparently) and (by Trading Standards ) in the case of a LL failing to give a copy to the tenant. (Outside the issue of an eviction setting).
There seems to be no obligation (legal or otherwise?) for anyone (owner or agent) to give an actual copy to the LA even if they ask to see it.
The date it was carried out and valid date too, plus the unique reference number is a way of proving that surely – so ticking the box?
It would then be up to the Council to then follow this up by looking at the public EPC register.
Or of course they could contact the tenant for a copy?
Is this correct?
Thank you,
DSR
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Member Since July 2013 - Comments: 1996 - Articles: 21
10:41 AM, 16th January 2023, About 3 years ago
Why are you raising this as an issue? If your property is licensed then it may be a term of the licence that you provide a copy.
Even if it is not licensed, why would you refuse when the EPC is a matter of public record? All you do by refusing is put yourself on the Council’s radar as a problematic landlord. It takes a few seconds to send it to them by email. Why be obstructive?
Member Since July 2013 - Comments: 1264 - Articles: 1
11:11 AM, 16th January 2023, About 3 years ago
As Ian says, it’s uploaded onto a public site so why would the council ask for it?
Member Since July 2013 - Comments: 1996 - Articles: 21
11:33 AM, 16th January 2023, About 3 years ago
Reply to the comment left by Puzzler at 16/01/2023 – 11:11
“… so why would the council ask for it?”
Puzzler, for the same reason that purchasers’ solicitors ask for such information as part of the conveyancing process.
Ignoring the Council or outright refusing serves no useful purpose. This is one hill no landlord should fight to defend!
Member Since January 2018 - Comments: 42
12:54 PM, 16th January 2023, About 3 years ago
don’t forget you can remove it from the public record and i would always ask why are the council asking for it if you are not already in there line of sight
Member Since July 2013 - Comments: 1264 - Articles: 1
1:26 PM, 16th January 2023, About 3 years ago
Reply to the comment left by Ian Narbeth at 16/01/2023 – 11:33
Perhaps I should have said, why withhold it?
Member Since September 2021 - Comments: 213
1:33 PM, 16th January 2023, About 3 years ago
Reply to the comment left by Ian Narbeth at 16/01/2023 – 10:41
Does anybody remember Major’s Taxpayers Charter?
I do not remember the exact wording now.
It said inter alia that HMRC will not ask the Taxpayer (now a Customer) for any information which it can easily obtain itself.
If this applies to Central government, why should it not apply to Local Government?
Member Since April 2014 - Comments: 985 - Articles: 2
2:23 PM, 16th January 2023, About 3 years ago
Begs the question why you don’t want to supply it! I doubt however the LA would actually ask for it, unless as part of a licencing process. Copies being available for free on the EPC Register ( https://www.gov.uk/find-energy-certificate ). To remove it from the register would only set alarm bells ringing and in any case it could probably be obtained from the last property advert.
Member Since September 2018 - Comments: 3511 - Articles: 5
3:34 PM, 16th January 2023, About 3 years ago
I have nothing to hide!
I’m looking at it from the perspective only of fairness.
If there is something I do not have to legitimately give to the Council (in this case an EPC if they request to see one) due to the fact that they can obtain this information from the public arena……..should it not be up to them to find it therefore?
The reason I ask specific to the EPC is that the reality is they will only be asking you for this info if they think you have failed to have one carried out (or perhaps later when you have not reached a C). They would have no reason otherwise to ask this info from you.
Also – the unique reference number would suffice to show compliance of having one undertaken. There is nothing to say they need to see the actual full EPC document.
GPDR issues as it contains the assessors details? Do I have permission to release these???
Member Since July 2013 - Comments: 1996 - Articles: 21
3:55 PM, 16th January 2023, About 3 years ago
Reply to the comment left by DSR at 16/01/2023 – 15:34
GDPR is a red herring. The details of the assessor are on the EPC on the public register.
Member Since August 2016 - Comments: 1190
5:59 PM, 16th January 2023, About 3 years ago
Hyperthetical question all a bit pointless really if you don’t mind me saying so. I doubt a Council would ever request it but who cares they haven’t asked for it.