Council to crackdown on landlords with poor EPC ratings
2 years ago | 18 comments
Tenant allowed to challenge new EPC rating?
12:02 AM, 14th March 2024, 2 years ago
31
Hi, we purchased a property in 2.5 acres of land from a company that owned it as well as other adjacent land including a quarry. There was a tenant in situ on a periodic AST.
The tenant had been left for years basically doing what they wanted with no management and only one rent rise in the whole time they’d been there.
When we completed the purchase, we found the current EPC, which was 8 years old, had an F rating. There were 2 recommendations to bring it up to an E which we set to work doing and also some roof and chimney work identified in the survey. We commissioned another EPC company to do a report to ensure there were no further requirements as regulations changed.
The report identified the same 2 (roof insulation and cavity wall) plus we also added 2 more as they were easy fixes (cylinder jacket and thermostat).
The tenant has been at times, quite obstructive so we were relieved to be able to finally have the house reassessed and rated as E. We instructed an eviction specialist to handle the S21. After this was served, the tenants wrote us a nasty letter accusing us of all manner of things including damaging ‘their’ property and not upgrading their property and listing what they wanted improved and a timescale. They also stated that we had colluded with the EPC company to improve the rating.
The eviction specialists assured us everything was in place, and to wait for the date on the S21. The EPC company contacted us to let us know a relative of the tenant had contacted them purporting to be a Domestic Energy Assessor (DEA) with the same accusations. The tenant has complained to the EPC company several times insisting the rating is wrong and needs to be reduced.
Seeing as we primarily followed the previous companies report it’s a ludicrous accusation. Anyway the tenant has also complained to the accreditation people so now the assessment is being reviewed.
I’m astonished that the tenants can trigger the review process. The EPC people have been brilliant but have to go with the process. I’d appreciate peoples comments or similar experiences.
Thank you,
Caroline
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Member Since September 2023 - Comments: 335
2:57 PM, 14th March 2024, About 2 years ago
Playing silly buggers leave it to the legal people they see this everyday it may be a bit longer to evict them,but it will happen, and you are entitled to your reasonable legal costs .
Member Since March 2024 - Comments: 281
3:35 PM, 14th March 2024, About 2 years ago
Reply to the comment left by Judith Wordsworth at 14/03/2024 – 10:43
The OP says they bought with a tenant in situ (very clearly).
There is no minimum EPC to sell (the minimum of E only applies to rentals).
Member Since July 2023 - Comments: 41
4:35 PM, 14th March 2024, About 2 years ago
Reply to the comment left by Michael Booth at 14/03/2024 – 14:57
Have you heard of tenants having the right to challenge an EPC?
Member Since May 2021 - Comments: 46
6:10 PM, 14th March 2024, About 2 years ago
Reply to the comment left by Caroline Crute at 14/03/2024 – 16:35
From a purely consumer viewpoint, EPCs should be challengeable as some of the underlying assumptions are subjective, though I’m more used to hearing about appeals because the banding is too low rather than too high!
In your case, it sounds as if the appeal is spurious and, as has been said earlier, you would be best to sit back and let the companies handle it.
Member Since March 2023 - Comments: 1506
6:52 PM, 14th March 2024, About 2 years ago
The tenant can challenge anything, EPC, Gas Safety, EICR – however you don’t have to be involved. Let the tenant waste his time, he /her will have all the correspondence to do and will have to wait in for any reinspection.
Member Since July 2023 - Comments: 41
7:06 PM, 14th March 2024, About 2 years ago
Reply to the comment left by GlanACC at 14/03/2024 – 18:52
We’ve already served S21 (thru eviction specialists) so just waiting for that to go thru. The tenant contacted the EPC company and made all sorts of accusations of them colluding with us to falsely raise the EPC. They are just grasping at straws to try and delay the eviction. I feel her brother has mistakenly advised her that she has security of tenure which is a shame as we offered her a lump sum rather than pay solicitors. Thank you for your comments
Member Since March 2023 - Comments: 1506
7:13 PM, 14th March 2024, About 2 years ago
Reply to the comment left by Caroline Crute at 14/03/2024 – 19:06Dunno which eviction specialists you used, I used Paul Shampalinas’ outfit Landlord Action.- very efficient and didn’t cost a fortune.
I would never use a solicitor as they are basically sit on their ar#e and write a letter merchants, then charge you a fortune.
Member Since July 2023 - Comments: 41
7:22 PM, 14th March 2024, About 2 years ago
Reply to the comment left by GlanACC at 14/03/2024 – 19:13
Yeah we decided early on to use one after watching the programmes on TV. We’ve gone with Legal for Landlords and in fairness they’ve been great so far and as you say a damn sight cheaper than solicitors!
This forum has been great too, we’ve picked up lots of tips on the way.
Member Since February 2024 - Comments: 28
8:17 PM, 14th March 2024, About 2 years ago
Reply to the comment left by Caroline Crute at 14/03/2024 – 11:39
I would check when the tenancy agreement was signed, as I believe the E rating requirement for EPC only come in recent years, if your latest tenancy Agreement was signed before the requirements come in, it should not be a problem using s21. you may need to put a note in your claim.
Member Since July 2023 - Comments: 41
8:21 PM, 14th March 2024, About 2 years ago
Reply to the comment left by S Page at 14/03/2024 – 20:17
That’s interesting, the tenancy was started in 1999. It was initially a 6 month tenancy that then rolled in to a periodic tenancy. I understood that in 2020, all properties had to be upgraded to an E?