does contract still stand if landlord has lost his copy

dz6kb4

thanks very much...so helpful here:)

The dates we put on the notice was to end of 28th March. We served it on 28th Jan.

You're all right, the best way would be to compromise but the tenants have now come back and gone for a different angle. We didnt ask them to move due to bad relationships at all. They new from the start that after 6 months we will be looking to sell. We actually did some viewings while they were in the property but the feedback was embarassing to say the least about the way they have kept the house (we didn't tell them that is the reason we need them to leave).

They have now said they agree they are in breach of the contract so they have now asked for the up to date EPC. I have the EPC when we bought the house. However since we bought the house I had a new boiler put in.

They are saying it is illegal not to have given them an updated EPC when they moved in? Is this true?

thanks again

moromir

No this is not true, I believe an EPC is good for 10 years from the date it was comissioned.

dz6kb4

thanks for your reply.

Yep just read that out on the RLA site. Think he's trying anything that may get him out of the contract.

thanks alot

tim123456789

dz6kb4 wrote: »

They are saying it is illegal not to have given them an updated EPC when they moved in? Is this true?

thanks again

It's an adminstrativer error for which you might be liable to be fined (if anybody can be bothered),

but it's of no benefit to the tenant's position

moromir

tim123456789 wrote:

It's an adminstrativer error for which you might be liable to be fined (if anybody can be bothered), but it's of no benefit to the tenant's position

On what grounds? Can you link the relevent legislation? I've never heard of it being necessary to recommission an EPC once improvement works are carried out, my understanding is that the existing certificate remains valid for 10 years.

Werdnal

moromir wrote: »

On what grounds? Can you link the relevent legislation? I've never heard of it being necessary to recommission an EPC once improvement works are carried out, my understanding is that the existing certificate remains valid for 10 years.

EPC is valid for 10 years UNLESS any changes to the property which may affect the energy performance rating. As the boiler was no doubt an improvement to the energy rating, it would have been in your best interest to get an new EPC done, but TBH, tenant is really clutching at straws as it is Trading Standards that prosecute for a total lack of EPC and it does not have any bearing on the legitimacy of the tenancy.

OP, how have you left it with the tenant? Are the leaving? Staying? You really need to issue a valid S21 (if it is deemed by those here that the current one is not valid) as unless you do so, or your tenants give you formal written notice, this tenancy is never going to be legally ended. You keep saying that they knew it was only for 6 months, but you seem to fail to grasp the fact that it is only the fixed term that is 6 months - the tenancy continues until you or the tenant formally end it. Obviously, if they are moving out, clear all their possessions and give you back the keys, that will count as a surrender of the tenancy, but you shoudl still get them to sign something in writing saying that they are giving up the tenancy.

I have let property for 13 years. I only ever give my tenants an initial 6 month fixed term, and once that ends they stay on under an SPT. One tenant stayed for nearly 6 years, on an initial 6 month contract!

Ulfar

They may not have had an updated EPC but what about Gas safety certificate if it was a gas boiler.

Also without seeing the exact wording on your notice it is hard to be definite. Did it say we want you to move out BY a date or ON a date. If it is BY then they have complied with your request.

You have to be very careful with wording.

tbs624

Ulfar wrote: »

Also without seeing the exact wording on your notice it is hard to be definite. Did it say we want you to move out BY a date or ON a date. If it is BY then they have complied with your request.

You have to be very careful with wording.

Indeed you do and a S21 Notice *of Intent to Seek Repossession of the Property* should say *after* x date.

It cannot say "we want you to move out *by* or *on* x date" but merely gives notice , as Werdnal has already said, that the LL may then seek a Court Order for repossession after that date of x if the T remains in residence.

tbs624

tim123456789 wrote: »

It's an adminstrativer error for which you might be liable to be fined (if anybody can be bothered),

but it's of no benefit to the tenant's position

There is no obligation for a property owner to obtain a new EPC to reflect improvements resulting from renovations etc so no "administrative error" involved unless the OP did not provide the original EPC info to the Ts. A Fixed Penalty of 200 quid would then be a distinct possibility.

tbs624

OP - as Werdnal says, be pleased that the T is going without a long drawn out eviction process and use the time to get the property in good shape for viewings/selling.