EPC expired with eviction pending?

I would if I was you try to arrange one, as if the tenant ignores or refuses it make you look like you are ignoring his non payment and trying to be a good LL and keep current, just my thought, looking as good as possible in a Judges eyes can go a long way towards them being helpful rather than all LL are evil we must not help them

https://golocalepc.co.uk/articles/do-i-need-to-renew-epc-during-current-tenancy/#:~:text=A%20landlord%20must%20renew%20their%20EPC%20every%20ten,you%20should%20arrange%20to%20have%20a%20new%20one.

https://blog.openrent.co.uk/epc-rules-for-landlords/

Actually you do need to keep a current one in place for an existing tenancy: on 1st April 2020, the new MEES rules expanded to all existing lets. Since then, an EPC rating of an E or above is required to let your property at all.

Reply to the comment left by Puzzler at 02/12/2022 – 08:45
Although according to some sources you don’t. I have looked at the gov.uk site and I think it means you don’t need a current one for an existing tenancy.

https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance

Reply to the comment left by Puzzler at 02/12/2022 – 08:45
The first link sounds like you do but as others have said Gov website doesn’t which is the authorities source.

The second link says

“However, on 1st April 2020, the new MEES rules expanded to all existing lets. Since then, an EPC rating of an E or above is required to let your property at all.

Even if your tenancy is already underway and you have no plans to renew, you need to have an EPC rating of E or above or you could face fines.”

Which I read as you need an EPC of E or above on a current tenancy agreement. So I assume if it was out of date on 1st Apr 20 then you’d need a new one. The latter paragraph to me just says you need an EPC of E or above.

Government website says this for compliance which suggests current one not required.

“A compliance notice may request information on:

the EPC that was valid for the time when the property was let
the tenancy agreement used for letting the property
information on energy efficiency improvements made
any Energy Advice Report in relation to the property
any other relevant document”

I think the wording differs to demonstrate you have had an EPC which shows you are E or above. Maybe some people have had long let’s since before EPCs were required so need to demonstrate compliance.

clarity please.

I issued the current EPC to the tenant before the AST began – C rating. Since then it has expired. Do I need to get another one done BEFORE I issue a S21

OR

as I do not have to commission another EPC until a change of tenancy or property to be sold, can I go ahead and issue the S21 referencing the existing (now date expired) EPC?