EPC Rating F and a Difficult Landlord - What are Tenant Rights?

BigAnnieG

I have just discovered our rental has an EPC certificate of F, and that this isn't legal. The EPC needs to be an E rating or higher as of 1st April 2018 - and our new tenancy agreement was for 3rd April 2018.

A few months ago they sent a letter that a) made it sound like we had a choice for works and b) said we needed to provide personal information about benefits and health. We refused. They said that all we had to do was agree that we lived there, which we said was fine. We spoke to the boiler company that was supposed to be doing works. We've heard nothing more about it.

We're moving out at the end of this month. I gave two months' notice as agreed on 16th October, but the landlord said it needed to be calendar not date months, so I've got to pay an extra month's rent to the end of this year. It's a fixed AST and there's nothing about break clauses, but then again they didn't stipulate when they agreed to allow a two month notice that it had to be date or calendar months.

They had viewings for tenants who could have taken over the tenancy on the 30th November, same day we leave. They have instead chosen to give the property back to the old tenants who "can't move in" until 1st January. I have my suspicions that, actually, they can but the landlord wants a paid month with an empty house to do works on it.

A) Where do we stand on the two month notice?
Where do we stand if the landlord has specifically chosen to refuse a suitable tenant who could move in immediately for one that can't?
c) Where do we stand in terms of rent refund or withholding this final month's rent because they have been illegally letting to us based on the fact the EPC certificate is still rated F?

I have a deposit of £1300 sitting with them, and feel any arguments may mean they won't give it back. However, I want to know if I'm within my rights to point out that they have been illegally letting the place to us based on the EPC rating, and suggest that they let the final month slide or face a £4,000 local authority fine.

What do you all suggest?

HampshireH

What does your tenancy say about giving notice and how long was it meant to be for?

Im unsure if the LL is doing you a favour by releasing you early or you are on a periodic tenancy.

BigAnnieG

It's supposed to be a fixed AST for 11 months, with one month notice prior to the end of the tenancy (provided one month before the end of the tenancy). There's nothing in it about leaving the tenancy early, but it was agreed verbally that we could provide two months notice if we wanted to leave earlier than the end of the tenancy.

I think, technically, it is a 'favour', but the terms of which are deliberately unclear

anselld

There are several circumstances where the L can apply for an exemption from the EPC E requirement.
https://www.gov.uk/government/publications/private-rented-sector-minimum-energy-efficiency-standard-exemptions/guidance-on-prs-exemptions-and-exemptions-register-evidence-requirements

Have you checked the exemption register?
https://prsregister.beis.gov.uk/NdsBeisUi/register-search-exemptions

Regarding early surrender, it is best to get the terms clear in writing.

dimbo61

So did you move in on the 3rd of April 2018 on a 12 months tenancy ?
Did the Landlord or Lettings Agents provide you with an EPC of the property ? A Gas Safe Certificate ( if you have gas ?)
A Right to Rent booklet and Tenants guide about the deposit ?

BigAnnieG

There was no EPC provided nor a gas safety cert (because there is no gas - it's on oil) no right to rent and no tenants guide. Just the tenancy agreement...

I checked the EPC exemptions and it doesn't appear to fall under it. They clearly knew they had to do something about it as in July they asked us if they could change the boiler. We said they could but they never followed up on it so I have no idea what that was all about. Loft insulation was added in August, several months after already being in the tenancy.

anselld

BigAnnieG wrote: »

There was no EPC provided nor a gas safety cert (because there is no gas - it's on oil) no right to rent and no tenants guide. Just the tenancy agreement...

I checked the EPC exemptions and it doesn't appear to fall under it. They clearly knew they had to do something about it as in July they asked us if they could change the boiler. We said they could but they never followed up on it so I have no idea what that was all about. Loft insulation was added in August, several months after already being in the tenancy.

Well then clearly several deficiencies by the L but I am not sure they give a huge amount of leverage when it comes to negotiating early surrender. The L will probably know that the various authorities dont just wade in with £4000 fines from the off. They normally start with a slap on the wrist and possibly an improvement notice.

Cakeguts

If the house is listed it will be exempt.

FBaby

You LL did do you a favour by agreeing an early surrender. He didn't need to do this. You say you agreed on a two month's notice but if you gave notice mid Oct, that's 6 weeks, not two months, so he is right. What he does after that is irrelevant

You can make things difficult for him but he could do so for you too and that could cost you more. As stated, it is likely the council will give him a slap on the wrist and that's that. With your contract though and nothing in writing but a verbal agreement which he could deny, he could make you pay another 4 months of rent.

You have probably more to lose then him so ai would thread carefully. It might easier to forget about it and just focus on your move.