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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Section 21 notice challenge by council, because EPC not out of date

24 Apr 2021 | 1 comment

Hi. Have served section 21 notice for tenants to leave. Thje local council (Wiltshire) have challenged it because the EPC is now out of date. It was in date at the start of tenancy and has only recently lapsed. does the council have a case with a now outdated EPC, and can you provide or give any substantive evidence or legal stuff i can forward to them. Many thanks.

Answer

1 Comment

  1. guildy

    As long as the EPC was given before the notice was served (we assume it was given at the start of the tenancy from what you describe) then the council are wrong.

    It’s a bit difficult to prove because what the council suggest would need legislation and as there is none, it can’t be shown!

    You should ask them for the legislation which requires another EPC for the same tenant who’s already had one.

    There is also this guidance which shows an EPC only needs providing when marketing a property for rent and doesn’t include renewals or extensions.

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