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Question

During the Tenancy (England) | England | When and if Tenant Can Leaving During Tenancy (England)

Relationship split and expired EPC

3 May 2022 | 1 comment

A Couple moved into a property with a joint AST (March 2022) and the EPC was in date.  Couple have now split (it seems it only lasted a few days) so  I was going to re-issue a new tenancy in sole name of remaining tenant.  I have now noticed the EPC has expired.  Rather than paying for a new EPC, is it acceptable to get a formal notification  from outgoing tenant saying she is no longer there (which won’t be a problem) and write to the remaining tenant saying he is now sole tenant.  Or could this cause problems if I ever need to go to court in the future?

Answer

1 Comment

  1. guildy

    You have to do a new tenancy where all parties have accepted the change.

    Technically, an EPC is only required when a property is “marketed for sale or rent”, which won’t be happening here.

    However, if one were required, the penalty is that you can’t serve the section 21 notice without one. For that reason, we wouldn’t risk any argument and get one done for the new tenancy.

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