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Question

Energy Performance Certificates (England) | Entry and Refusal (England) | Landlord Wants Tenant to Leave (England)

EPC and S21

14 Jun 2020 | 3 comments

Can you issue a S21(4a) notice with no EPC in place? Tenancy started November 2018 and EPC expired October 2018

Answer

3 Comments

  1. Imported

    06/03/2020 11:44 am

    No, it cannot. The tenant should have had a valid EPC in November 2018 when the tenancy started. As it had already expired this is not possible to have happened.

    You would need to get a new EPC done now, give it to the tenant and then serve a section 21 notice.

    guildy

  2. Imported

    Can the tenant refuse entry for this? They want to extend their term for an additional month so I suspect this will be the case until after the 26th of the month. And what’s the implications of there not being one for the entirety of the tenancy? Property is in Wales

    By Victoria1988 06/03/2020 12:53 pm

  3. Imported

    06/03/2020 1:17 pm

    If they refuse entry, you would ultimately need a court order to enforce your contractual right to enter upon notice. Hopefully it won’t come to that!

    If there are rent arrears, section 8 remains available despite the lack of EPC.

    guildy

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