Walsall Council wrongly Interpreting-Changing Housing law and fining Landlords

Walsall Council wrongly Interpreting-Changing Housing law and fining Landlords

14:57 PM, 26th February 2021, About 7 months ago 14

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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.

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 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!



Comments

by TheSwan

12:30 PM, 2nd March 2021, About 7 months ago

Wow, 45 free boilers, golly. I've never got a single thing for free ever.

Current green deal is they will cover 2/3 cost up to a £5k cap so if a landlords bill is a £7500 they get £5000 back. If the landlords bill is £15000 then they still only get £5000 back. The current deal is for limitef stuff though like solid wall and solid floor insulation. Surely boilers would be the better place to start but that's all too obvious! I've got a new boiler going into one of mine today in fact, entirely at my cost and it will be taking the whole years' worth of profit to pay for it.

by Mick Roberts

13:51 PM, 2nd March 2021, About 7 months ago

Reply to the comment left by TheSwan at 02/03/2021 - 12:30
That's it 7.5k and 5k. And virtually no companies are doing the stuff as apparently too much hassle.

U can do the paperwork on mine then if tenants ain't gonna move.

by TheSwan

14:22 PM, 2nd March 2021, About 7 months ago

I'm waiting to see if the green deal will be withdrawn on Wednesday with the budget changes. I've taken to dreading the budget.

by Bob S

20:54 PM, 2nd March 2021, About 7 months ago

Reply to the comment left by TheSwan at 02/03/2021 - 14:22
Don't forget that there is also the ECO fund (Energy Company Obligation). This is not a gov grant but an obligation set by gov on the energy suppliers to form a fund to help pay for the application of energy saving techniques. Its been through a series of programmes, the latest of which is means tested so for those with tenants on benefits (not just UC). The tenants with LL support can apply. Finding the core information about ECO is difficult as there are so many websites purporting to be deliverers of ECO but try your energy supplier first (not just the one for the rented property to get the ball rolling). If there are any accredited energy assessors out there prepared to share their credentials and able to elaborate on ECO or even GHG and its tiering to benefit LLs that will be appreciated.


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