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Question

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

EPC’s and regulated tenancies

9 Jan 2021 | 2 comments

Regulated tenancy and tenants been in property for 50+ years. 3 storey maisonette dating back to late 1800’s (no obvious reasons for property to be exempt from EPC regulations). EPC rating of G.  Is the landlord obliged to improve the EPC rating to E for the existing tenants, or is this just the case if the property is re-let to new tenants?  Many thanks.

Answer

2 Comments

  1. guildy

    According to the government guidance, if the property didn’t “legally” require an EPC then the minimum energy rules don’t apply.

    As the property was let before 2008, then it didn’t legally require an EPC.

    If you answered No to one or both of these questions, your property is not covered by the Regulations, and you don’t need to take action to improve the property rating. You may let it with an EPC rating of F or G.

    https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance

  2. sambam47180

    Thanks, Guildy. There’s an issue with replacing 2 skylights that leak and that probably date back to the 1940’s, so this would be more a duty of care than an obligation?
    Also, does your reply above mean that any property with either an AST, or a regulated tenancy, that has the same tenant since before 2008 doesn’t legally require an EPC?

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