EPC expired with eviction pending?

EPC expired with eviction pending?

11:58 AM, 29th November 2022, About 2 months ago 14

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Hi everyone, We have a tenant whose EPC has expired (a D) but he doesn`t speak to us, not for any good reason, he just hates landlords (he`s told us) and hates us contacting him about the simplest thing. Notice (S 21) has been issued which resulted in him stopping paying the low rent.

We feel sure he won`t leave peaceably which may mean us going to court with an expired certificate.

My question is this. Do we send emails trying to arrange an EPC appointment, which a court might deem as us trying to be good landlords, or could he simply use this as ammunition against us by providing him with proof that we are not up to date?

Many thanks

Grahame



Comments

Neil Patterson

12:01 PM, 29th November 2022, About 2 months ago

Hi Grahame,

Do you mean the EPC had expired before the start of the tenancy and when was that?

Gary BTLowner

12:22 PM, 29th November 2022, About 2 months ago

Reply to the comment left by Neil Patterson at 29/11/2022 - 12:01
No Neil, he has been a tenant for 4 years and the certificate was valid until this June. I wasn`t aware that the law had changed and an EPC now needs to be kept up to date even for existing tenancies but I became aware of the change recently. But it was a D when it was done (10 years ago) and there is no requirement (yet) for it to be changed, so getting a cert will change nothing.

RBB

12:33 PM, 29th November 2022, About 2 months ago

Where is it stated that an EPC must be current throughout the tenancy? I thought it was just at point of let and this has never changed.

RBB

12:57 PM, 29th November 2022, About 2 months ago

When do I need to renew my EPC?
If your Energy Performance Certificate expires, you are not automatically required to get a new one.

You will only need to get a new EPC if you intend to let to a new tenant, or wish to sell the property.

Once an EPC reaches the ten-year point and expires, there is currently no automatic requirement for a new one to be commissioned. A further EPC will only be required the next time a trigger point is reached, i.e. when the property is next sold or let to a new tenant.

Source: https://lettingaproperty.com/landlord/blog/epc-certificates-2022/

Note is dated Feb 2020

Ann Rowland

13:09 PM, 29th November 2022, About 2 months ago

The landlord can provide at any time before service of notice. The epc must be valid when the landlord provides it. The regulations do not specify that the epc must still be valid at the point when the noticed is served. Do you have the original confirmation from the tenant that they signed they received it.

Yvonne Francis

16:30 PM, 29th November 2022, About 2 months ago

I think like RBB a EPC is only necessary for the creation of a new tenancy or selling.
Personally I would just want to get on and evicit him while you can under a section 21 because if the Renters Reform Bill is passed you will have more difficulty in doing this.

David Houghton

10:11 AM, 30th November 2022, About 2 months ago

I'd try and get an EPC document all the efforts and if unsuccessful write a statement accompanied by the "statement of truth" when you file proceedings. It stops any queries from the judge which can delay things.

PH

11:48 AM, 30th November 2022, About 2 months ago

A EPC is valid until it's expiry date regardless of how often a tenancy changes. If the EPC has expired and there's a change of tenancy then a new EPC is required.

David

14:21 PM, 30th November 2022, About 2 months ago

Provided the EPC was valid when you served it on the tenant and this was prior to the service of your s21, the fact that it has expired now should have no impact on your s21 notice

Ashleigh

15:53 PM, 30th November 2022, About 2 months ago

An EPC does not need renewing when it expires if the same tenant is still living at the property. If it has expired you will only need to renew either if you sell the property or when you let to a new tenant.

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