Rules regarding EPC certificate in England

Surrey_EA

anode_seller wrote: »

Potential sale is via estate agent and not a private sale directly with the buyer.

Either way, an EPC must be commissioned prior to the property being marketed.

eddddy

anode_seller wrote: »

Potential sale is via estate agent and not a private sale directly with the buyer.

EAs normally check this carefully, but... in that case, both the seller and EA have committed an offence, and could each get a fixed penalty of £200.

The seller is ' The relevant person' ...

6. (2) The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—

(a)at the earliest opportunity; and

(b)in any event no later than whichever is the earlier of—

(i)in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or

(ii)in the case of a person who makes a request to view the building, the time at which the person views the building.

And the EA...

7. (3) Before marketing the building, a person acting on behalf of the relevant person must be satisfied that an energy performance certificate has been commissioned for the building.

http://www.legislation.gov.uk/uksi/2012/3118/contents/made

davilown

I've just sold my house (stc) and the estate agent just took the EPC from when I bought the house 6 years ago as it was still valid. Saved a few £s

G_M

In the time you've spent on this thread you could have arranged an EPC for £45 or so.

It's valid for 10 years so why leave it to the last minute?

westv

What happens if the EPC expires whilst a property is being marketed?
Is there a requirement for a new one?

eddddy

westv wrote: »

What happens if the EPC expires whilst a property is being marketed?
Is there a requirement for a new one?

Probably time to change estate agents???

westv

westv wrote: »

What happens if the EPC expires whilst a property is being marketed?
Is there a requirement for a new one?

eddddy wrote: »

Probably time to change estate agents???

Ha!
You might be putting on the market 9 years and 11 months after the EPC was first issued.

MaryMay

My tenant is leaving after 10 years to relocate to another country. The property had never had one of these certificates, is it a legal necessity when I had new heating system installed 2 years ago and all new windows and door within that 10 years?
I have been approached by a prospective tenant and if they are happy after seeing the property do I need one when the current tenant can tell them the monthly costs?
Also, I have read that on a shorthold tenancy protecting the deposit is not necessary, is this true? I didn't do this before as it was not heard of then. Is there anything else I should be aware of?
I am looking for another long let and happy to offer one year minimum contract with no rent increase for 2 years,rolling contract and no new contract fees.I will continue to manage the property myself. Thank you.

G_M

MaryMay wrote: »

My tenant is leaving after 10 years to relocate to another country. The property had never had one of these certificates, is it a legal necessity when I had new heating system installed 2 years ago and all new windows and door within that 10 years?
these installations make no difference to the EPC requirements.

However I hope you obtained Building Regulations certification? For the doors, windows, and heating?

I have been approached by a prospective tenant and if they are happy after seeing the property do I need one when the current tenant can tell them the monthly costs?
Yes it is a legal requirement to have an EPC when you let a property. Without one
a) you can be prosecuted and
b) you cannot serve a valid S21 Notice to evict a tenant

Also, I have read that on a shorthold tenancy protecting the deposit is not necessary, is this true?
No.
I didn't do this before as it was not heard of then. Is there anything else I should be aware of?
Mandatory deposit protection came in in April 2007

Yes there is a lot more you need to be aware of. See link below.

I am looking for another long let and happy to offer one year minimum contract with no rent increase for 2 years,rolling contract and no new contract fees.I will continue to manage the property myself. Thank you.

How do you propose to offer a 'one year minimum contract' on a 'rolling contract'? The only way I can see would be a yearly Contractual Periodic Tenancy. How many tenants will be happy to pay rent annually? (unless to take the rent in arrears ie at the end of each year :eek: )

Can I suggest you do a lot of reading on the regulations? See

* New landlords: advice, information & links

n217970

Surrey_EA wrote: »

Same rules apply.

Out of interest what are the rules if you have not "marketed" the property, a private buyer knocks on the door and makes you an offer out of the blue? I only ask as this happened to us and the EPC was never mentioned once by anyone, including both solicitors.