EPC work cost £8k and property is still a D! Missold air source heat pump
3 years ago | 69 comments
Out of date EPC causing problems with repossession?
12:07 AM, 6th June 2023, 3 years ago
23
Hi, I’ve just had this in a letter from our letting agents…
“Renewing your EPC isn’t legally required at this point, however, there have been cases where courts have queried an out-of-date EPC during possession proceedings, with possession not being granted or delayed, due to the EPC being out of date.”
Has anyone any knowledge of this, please?
Or are the letting agents just trying to sell something unnecessarily?
Thank you,
GG
Tags:
Energy Performance Certificate, EPC, EPC rules, Landlord Legal Advice, Legal Requirements for Landlords, Letting Agent, Repossession
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Member Since July 2013 - Comments: 1996 - Articles: 21
12:51 PM, 6th June 2023, About 3 years ago
Reply to the comment left by Nicholas Ainger at 06/06/2023 – 12:44
MEES is not my specialism but the property is currently let and so there will be a problem if this guidance is correct:
https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance#when-you-need-to-take-action-to-improve-your-property-to-epc-e
Member Since September 2022 - Comments: 192
1:19 PM, 6th June 2023, About 3 years ago
It’s a Tax deductible expense !
Your Lettings agents are right Get it done.
Needed to Rent and Sell and valid for 10 years.
Member Since December 2018 - Comments: 95
1:34 PM, 6th June 2023, About 3 years ago
Reply to the comment left by Caroline Hall at 06/06/2023 – 09:23
There is no requirement to have a new EPC done when the old one expires when a tenant continues to occupy the property. An new EPC would only be required if the property was to be advertised for rent or sale.
Member Since July 2013 - Comments: 1996 - Articles: 21
1:44 PM, 6th June 2023, About 3 years ago
Reply to the comment left by SimonR at 06/06/2023 – 13:34The point is, Simon, GG is concerned that the repossession case might be prejudiced and seems to be bothered about the cost of an EPC. Even if there is a miniscule chance of the judge throwing the case out, the advice is to get the EPC, subject to the caveat about dropping to an F rating.
Member Since January 2023 - Comments: 15
1:45 PM, 6th June 2023, About 3 years ago
Reply to the comment left by SimonR at 06/06/2023 – 13:34
That is not correct
Member Since January 2021 - Comments: 15
1:48 PM, 6th June 2023, About 3 years ago
Reply to the comment left by Caroline Hall at 06/06/2023 – 13:45
That is correct Caroline.
An expired EPC doesn’t have to be renewed until it is lawfully required to be relied upon.
I’m just retired, but my Chartered Surveyor firm acted for portfolio landlords on numerous matters
Member Since January 2023 - Comments: 15
1:51 PM, 6th June 2023, About 3 years ago
Reply to the comment left by Nicholas Ainger at 06/06/2023 – 13:48
Oh Thanks. Well I guess that makes sense.
Member Since January 2022 - Comments: 16
5:04 PM, 6th June 2023, About 3 years ago
The key phrase in this guidance is “covered by the MEES Regulations”. The Regulations only apply to properties where an EPC has been legally required on construction, for marketing, for a sale or for a let (new tenancy not necessarily a new tenant). Simon clearly understands this.
However, the courts are a law unto themselves and seem to be using any excuse to reduce caseload even before it reaches a judge.
Member Since October 2022 - Comments: 402
5:46 PM, 6th June 2023, About 3 years ago
Personally I would not bother. If worried about it at a potential possession hearing (which is until the new law comes in), then just include a witness statement stating when all the docs were served and you did not renew the EPC as there was no requirement to do so, citing the statutory provision.
Member Since June 2023 - Comments: 1
9:12 AM, 7th June 2023, About 3 years ago
One of my property’s EPC expired in April 2023 and although there was no legal requirement to renew, my letting agent advised me to get it done midway through an AST. The assessment procedure has changed since 2013 and I was concerned that it would drop from a C to a D (despite improvements). Speak to the assessor prior to the visit and provide him/her with all available information and proof of works carried out. The property attained a C (with a slightly lower score) and the assessor pointed out that some of the data submitted in 2013 was clearly incorrect. For the sake of £75.00 (inner London) it’s worth getting it sorted.