EPC renewal for HMO run by a Social Housing provider?

by Readers Question

11:39 AM, 29th October 2020
About 4 weeks ago

EPC renewal for HMO run by a Social Housing provider?

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EPC renewal for HMO run by a Social Housing provider?

The EPC is due to expire on a property that we let to a Social Housing provider on the basis of a whole property let.

It is up to them how they let the rooms accordingly.

The question is do we need to have another EPC conducted on the property now as it has expired, and do we have to do it on a room by room basis?

Many thanks

Reluctant Landlord


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Comments

Ron H-W

10:26 AM, 30th October 2020
About 4 weeks ago

Your responsibilty as landlord is, I believe, solely to your tenant, whom/which I shall refer to as "SHp".

You will have needed to provide to SHp a current EPC, for the whole property, at start of each contract or renewal; BUT an A.S.T. becoming periodical does NOT count as a new or renewed contract for this purpose.
HOWEVER, any MEES (minimum EPC standards) rules/changes applicable to EXISTING tenancies would probably override the above.

SHp would presumably need to provide to each of their tenants a current EPC, for the portion being let to that tenant, at start of each contract or renewal.
And that would be THEIR responsibility.

So, while SHp continues as your tenant on a rolling (statutory or contractual periodic tenancy) basis, you have no continuing responsibility at present if your EPC becomes out-of-date - unless the out-of-date EPC fails to meet MEES requirements for existing tenancies, in which case you either get a new survey/EPC and hope that it now meets the new standards, or suggest to SHp that they write you a letter asking you not to upgrade because of excessive upheaval/interference, and you then use this letter as the basis for registering an exemption (which must be renewed every 5 years, and ceases to be valid when SHp ceases to be your tenant there).

Having done some research and/or taken advice from elsewhere, you might like to discuss the matter with SHp?

Disclaimer: "IANAL"

Jireh Homes

17:08 PM, 30th October 2020
About 4 weeks ago

Concur that an EPC is only required for the building, and whilst might be argued renewal not required advisable to renew and thus avoid any contention.


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