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Question

England | Landlord Responsibility for Repairs and Maintenance (England) | Responsibilities and Liabilities (England)

Do I need to provide an new EPC once it expires?

8 Apr 2021 | 3 comments

I’m just checking that previous advice is still current i.e. no need to provide a new EPC to an existing long term tenant once it expires¬† – you kindly replied to an old query as follows, is that still the case?:

There’s no authority to provide because nowhere does it say “at intervals of every 10 years produce an EPC” unlike the gas and electric regs for example. The requirement is to (our highlights): > … make available free of charge a valid energy performance certificate to any prospective buyer or tenant. Nowhere is there a requirement to do anything upon expiry of an EPC.

Answer

3 Comments

  1. guildy

    Yes, that is still the position.

  2. thurstan41

    I thought that if there was a change to the tenancy that it was required. Does that extend to the monthly renewals on a statutory periodic? Also, I thought that a section 21 was not valid if there was no current EPC?

  3. guildy

    A renewal between same landlord, tenant(s) and property would not need a new one. In this scenario, there’s no prospective tenant (the tenant is already in the property).

    However, if it’s a “change” in tenancy – i.e. a new tenancy with different tenants or an existing tenant is moving to a new property, then a new one would be needed because now there is a prospective tenant before they take the tenancy.

    Periodic doesn’t trigger a new one because likewise there’s no “prospective” tenant.

    For any tenancy granted since October 2015, yes, the tenant must have received a copy of the EPC before a section 21 is served. Please see here for the October 2015 rules and which apply before and after that date.

    Remember, the EPC rules are all about decision making for prospective tenants. They need the EPC before they take a tenancy so they can consider the carbon emissions and energy usage before committing to a tenancy. An EPC is no use to a tenant who has already moved in and occupying. Within the EPC rules it also confirms, the “actual” tenant must be given a copy which is why our Tenancy Builder allows adding it to the tenancy (which also helps with section 21). Once they’ve been given the EPC before occupation, they don’t need another one during the lifetime of the tenancy (unless rules are changed).

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