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Question

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

If I had not previously had an EPC done on the property

3 Mar 2017 | 2 comments

The tenant has electricity included in the monthly rent in order to serve the section 21 notice MUST I have one done and MUST she allow access for this? If I request an appointment time from her and she doesnt reply can I give 24hours notice and go in ?

Many thanks Karen Simpson 07956 418763

Answer

2 Comments

  1. guildy

    An EPC has been a legal requirement since 2007. For a tenancy or renewal granted on or after 1 October 2015, no section 21 can be served unless an EPC has been given beforehand.

    Cost of utility bills to the tenant is not a consideration for an EPC as its all about how much CO is being used – therefore it’s needed even if bills are included where the property is self-contained.

    You must give at least 24 hours notice but if you are refused entry, that would be a breach of tenancy. The problem is, to fix the breach you would need a court order. The easiest court order is the section 21 so it’s a bit of a catch 22!

    Have a go at gaining entry and arranging the EPC and if you can’t gain entry, come back to us.

    • ksimpsonstyle

      Thank you, will do.

      Also the tenant has been in touch with the Council environmental health I have a quite complicated question regarding this Is there any possibility u could call me after 12.30?
      If not I will try and spell it all out!!
      KS

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