Out of date EPC causing problems with repossession?

I can’t make sense of this. Surely you just need to renew your EPC when it runs out. Is the suggestion that you seek possession and that it runs out midway? In which case you would renew it at the time surely

Service of EPC prior to tenancy is a requirement. Never heard of it during repossesion cases but a difficult Judge could make it an issue. An EPC should cost no more than £50 unless the LA marks it up. For the sake of £50 over 10 years just do it. No argument then.

You don’t need to renew it until you wish to re advertise the property. I have never heard of a repossession failing because an epc has expired its 10 year life, there is no legal standing for a repossession to fail on these grounds. I wouldn’t worry about it.

It is true that an EPC is required at the commencement of a tenancy and there is no lawful requirement to renew the EPC if it expires, unless and until the property is marketed again.
BUT, I have come across situations where a valid EPC is mistakenly deemed to be required for possession because it is on the list of documents required to do so.
Some Judges don’t understand the EPC nuances so it is probably prudent to renew an expired one to avoid a holdup.
In this instance your letting agent is giving you good advice.

Reply to the comment left by Rob Crawford at 06/06/2023 – 09:30” there is no legal standing for a repossession to fail [because an epc has expired]. I wouldn’t worry about it.”
Until it goes wrong and your case is thrown out or delayed. As Gary says for £50, get a new EPC. If the property is going to be re-let or sold, one will be needed anyway.
GG, don’t sweat the small stuff.

The only issue with getting a new EPC is that as it is 10 years old the RdSAP database will likely have been updated in those 10 years and it is possible that your property may slip down an EPC rating, so if for example it slipped from an E to an F, thereby meaning you can not rent out the property until it is upgraded. What would the judge think of that ? – I don’t know the anser to that

Reply to the comment left by GlanACC at 06/06/2023 – 12:12
It is a valid point.
Two things.
The assessor could produce a draft before lodging to check.

Also MEES cannot apply to a voluntary EPC, which this would be. MEES only applies to an EPC produced for a lawful purpose. It is in the Regulations and intended to encourage landlords to determine energy ratings (with the intention of improving them) without being penalised.

Reply to the comment left by GlanACC at 06/06/2023 – 12:12
Goodness what a palaver it all is. Funnily when I got an EPC updated last year (and yippee it just got into C) I was told but you have another year to go. Really irritated me, and the need to explain that since all the work I had done I wanted a new one. Went from borderline E/F to a C. Seemed a minor miracle to me, and potluck

Reply to the comment left by GlanACC at 06/06/2023 – 12:12
You are speculating. In the event the EPC drops below E, then GG has a big problem and will need to apply for an exemption. However, we have no indication this is likely. Unless a drop to E is a serious possibility, the advice to stop fussing and get a new EPC holds good.

Reply to the comment left by Ian Narbeth at 06/06/2023 – 12:34
The requirement for MEES compliance (Band E or above, or a legitimate exemption) applies to EPCs lodged for a lawful purpose, so dropping below an E with a voluntary EPC doesn’t trigger anything.
So there isn’t a problem until that EPC is relied upon for a lawful purpose.
#justsaying