Evicting a tenant who doesn’t reply and may have gone to Thailand?
2 years ago | 6 comments
Will incorrect EPC rating affect my eviction case?
12:01 AM, 17th March 2025, 2 years ago
21
I am going to take my tenant to court, I served a notice in December, she has failed to leave, been advised to stay, stopped paying the rent too.
My real concern that’s causing me terrible stress is, I discovered that although I had a valid EPC certificate, it was a F rating, I did not realise at time of letting that it was not correct. A total oversight on my part. Thing is the next EPC certificate states it’s a rating D, and nothing in the property has changed.
Any advice on what consequences this will have in court for me?
Thanks,
Cath
Tags:
EPC rating impact, eviction process, Landlord Legal Advice, Landlord rights, section 21, Tenant Eviction UK, tenant not paying rent
21 comments on this article
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A different perspective could help you spot an issue, avoid a mistake or find a better way forward. Read the comments and add your own views if you wish.
Member Since May 2015 - Comments: 2320 - Articles: 2
9:00 AM, 19th March 2025, About 1 year ago
Reply to the comment left by NewYorkie at 19/03/2025 – 08:52
Landlords are not permitted to make errors.
Member Since June 2024 - Comments: 8
9:55 AM, 19th March 2025, About 1 year ago
Reply to the comment left by NewYorkie at 19/03/2025 – 08:52
If they say that then the Eviction will be voided, the law is clear on this matter if any of the paperwork is missing or incorrect the Eviction will be Voided and the landlord will end up losing and having to pay the tennants court costs
Member Since October 2020 - Comments: 1347
11:18 AM, 20th March 2025, About 1 year ago
Reply to the comment left by paul bell at 19/03/2025 – 09:55
Thats why I asked whether the D cert had been served on the tenant prior to the s21. Unless we get this question answered there is no point speculating further.
Member Since July 2013 - Comments: 1268 - Articles: 1
11:19 AM, 20th March 2025, About 1 year ago
This is an interesting question. Are we supposed to evict if a property doesn’t meet the threshold?
Member Since April 2023 - Comments: 91
9:13 AM, 22nd March 2025, About 1 year ago
Reply to the comment left by DPT at 18/03/2025 – 11:15
Given councils failures to comply with housing legislation especially THEIR statutory and mandatory duties more often than not, I doubt that the respective local authority’s enforcement team will do anything!
I speak from many years of working in various local authorities housing teams!
Member Since January 2015 - Comments: 1583 - Articles: 1
10:39 AM, 22nd March 2025, About 1 year ago
Reply to the comment left by Puzzler at 20/03/2025 – 11:19
Not supposed to have rented it out, or purchased it if after 2008, in the first place
Member Since October 2020 - Comments: 1347
11:29 AM, 22nd March 2025, About 1 year ago
Reply to the comment left by Ma’at Housing Solutions at 22/03/2025 – 09:13
I think in this case the original poster is more concerned about whether their s21 is valid, but its interesting to hear your take on local authority (in)action from the inside. I wonder how Councils will respond to the Renters Rights Bill, which shifts the requirement from a power to take action to a legal duty to take action.
Member Since April 2023 - Comments: 91
11:19 AM, 24th March 2026, About 6 months ago
Reply to the comment left by Puzzler at 20/03/2025 – 11:19
Without there being an exemption for an ‘F’ rated EPC , the property should not have been let in the first place…
Member Since April 2023 - Comments: 91
11:22 AM, 24th March 2026, About 6 months ago
Hi Cath, a couple of questions:
1. Was the s21 eviction successful
2. If no work had been done in the property since the ‘F’ rated EPC, how was the assessor able to grant it a ‘D’ rating?…
Member Since October 2013 - Comments: 1733 - Articles: 3
12:15 PM, 24th March 2026, About 6 months ago
Reply to the comment left by Ma’at Housing Solutions at 24/03/2026 – 11:22
You are assuming (mistakenly) that all EPC assessors reach the same rating for the same property. The scheme is not fit for purpose, as are many of the assessors.