EPC required for HMO where rooms are on seperate tenancy agreements?

by Readers Question

13:49 PM, 24th March 2021
About 3 weeks ago

EPC required for HMO where rooms are on seperate tenancy agreements?

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EPC required for HMO where rooms are on seperate tenancy agreements?

I can’t find a definitive answer and would like some help. I have a non-licensed HMO’s (licence not required) and let the rooms out on separate tenancy agreements. Do I need to provide my tenants with an EPC?

As they share all the facilities and only have exclusivity in their individual rooms an EPC seems to be worthless…..I have looked on the web and there seems to be differing opinions, and it’s really confusing knowing the up to date legislation and requirements.

Waiting for your answers with bated breath!

Philip

Editor Note: please see >> https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance

Find out if your property is covered by the Regulations

The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private rented properties.

The Regulations apply to all domestic private rented properties that are:

  • let on specific types of tenancy agreement
  • legally required to have an Energy Performance Certificate (EPC)

Answer these questions to find out whether your property is covered by the Regulations

1. Is your property let on one of the following types of domestic tenancies:

  • an assured tenancy?
  • a regulated tenancy?
  • a domestic agricultural tenancy?

2. Is your property legally required to have an EPC? If the property you let has been marketed for sale or let, or modified, in the past 10 years then it will probably be legally required to have an EPC.

Comments

Neil Patterson

13:52 PM, 24th March 2021
About 3 weeks ago

Hi Philip, please see .Gov guidance above.

Rob Crawford

18:30 PM, 24th March 2021
About 3 weeks ago

I also have unlicensed small HMO's with rooms let under individual AST's. To be safe and considering its not a big deal, all my tenants receive a copy of the EPC.

Alistair Cooper

8:55 AM, 25th March 2021
About 3 weeks ago

Section 6(5) of the 2012 Energy Regulations refers to the letting of a building or building unit and not a section within a building.
Interestingly the How to Rent Guide published by the DCLG which we are also reqd to serve at the inception of the tenancy used to specifically state in previous editions that an EPC was not reqd for HMOs but I notice in the latest edition this comment has been removed. The law hasn’t changed so even the DCLG are sitting on the fence!
It all comes down to wether or not a room is a ‘unit within a building’
The matter was tested in the County Courts in Home Group Ltd v Henry (2018) where the defendant was trying to wriggle out of possession on the argument the sec21 notice was invalid because he had not been served an EPC. The judge concluded that an HMO room was not a building or a unit within a building and as such an EPC was not required. The landlord gained possession.
The problem is that County Court judgments are not binding, so for the sake of £50 you may as well get one and serve it. Most solicitors and lenders are unsure on the legal position and want to see one anyway!

Ian Narbeth

10:16 AM, 25th March 2021
About 3 weeks ago

"Do I need to provide my tenants with an EPC?" Yes.
Why are you bothered by this? It is a trivial cost. Just do it!

Martin Thomas

12:16 PM, 25th March 2021
About 3 weeks ago

One EPC for the whole property costs say £50 (could be less) for 10 years. Then email a copy to each of the tenants.

Martin Thomas

12:17 PM, 25th March 2021
About 3 weeks ago

One EPC for the whole property costs say £50 (could be less) for 10 years. Then email a copy to each of the tenants.

Jireh Homes

14:29 PM, 25th March 2021
About 3 weeks ago

The EPC Register is by building, each having a unique property reference number (UPRN), so the one EPC you have for the building as a whole should be issued to each tenant.

Amanda GdM

17:54 PM, 26th March 2021
About 3 weeks ago

All my tenants receive a Welcome Pack email before they move in and I attach everything just in case. I have a standard format email so I just forward it on and update the documents as and when there is a new certificate. If you create yourself a template email then its really easy. Why take a chance or create a rod for your own back. If there is one thing I have learned in this business, there are many, many grey areas. You can spend hours looking for a definitive answer.
Send everything you can in my opinion.
I then get the tenants to sign that they received all of this before the tenancy began.
Hope that helps 🙂

raj beri

8:38 AM, 27th March 2021
About 3 weeks ago

For the small amount it's going to cost in the general scheme of things, why not just get it done?


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