Councils using ‘Intelligence’ to track down low EPC properties and fine £5,00015:08 PM, 29th March 2021
About 2 weeks ago 36
A landlord mate has sent me the below issues with Walsall Council and has asked for anyone’s help/experiences:
Have any of you had any trouble with the pilot EPC/MEES scheme that Walsall Council has undertaken. In brief, they are issuing landlords with Compliance Notices with £5000 fines if you don’t comply. This pilot scheme is set to be rolled out countrywide and will affect all landlords.
The issue I have with them centres around the EPC regulations that require all properties marketed for sale or let after 1st October 2008 needing an EPC. This fact is not in dispute with me, but only properties marketed or let after 1st October 2008 need an EPC, any with tenancies in place before that date that have had no change of tenancy agreement or modifications have never legally required an EPC because they fall before and thus outside of the regulations.
See this current Government tool that is used to determine if a landlord falls under the regulations or not. This document was last updated on 4th May 2020 and is the most current version of this Government document.
The NRLA are very clear that properties let before 01/10/08 fall outside the regulations, but Walsall council keeps saying an EPC is needed but without actually pointing to any legislation that substantiates their claim. Dealing with them feels like trying to knit with jelly!
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