Tenancy where EPC had expired

Tank40

Daughter & boyfriend are university students in nearby cities. They saw a property near her uni with secure parking which was convenient because he can drive and can commute to his uni.

After signing a 10 month tenancy agreement March 2024 and moving in that September, they were soon offered the chance to sign up to live there from the expiry of that tenancy with a new 12 month agreement, or it would go on the market for the next academic year 2025-26. This was November 2024.

It snowed that Winter and being a pretty drafty flat with solid walls and no double glazing in a converted Victorian school, the heating couldn't cope and was horrifically cold to the extent that several houseplants died.

The property's most recent EPC rating is now D which seems a bit optimistic and as it had only been done in early November 2024, I looked at the previous certificate (on the govt website) which was E and the only change is (allegedly) energy saving bulbs were fitted. So apart from doubting the accuracy of the later EPC, when the first contract was signed there wasn't a valid EPC at all.

Feeling a bit misled, we would like to back out of the later agreement and find another property but are concerned about being held liable for potentially the whole of that 12 month contract should the LL decide not to replace our daughter & BF as tenants.

So do we have any grounds?

thanks in advance for advice,

Tank40

Sophiej27

What was the difference between the E rating and D rating? 

Energy efficient light bulbs can change the rating bit by no more than 1-3 points depending on size of property.

Tank40

The E rated one said it could be improved by 20 points up into D rating by insulating the solid brick outer walls but it went E to D by 12 points and the only change was energy saving lightbulbs. The estimated cost to heat went from 12,000kW down to 8,000kW too. Maybe they changed the boiler to achieve that one 🤷🏻‍♂️

silvercar

I in older buildings it is often necessary to heat the fabric of the building for a good few hours to then be able to maintain heat. Were they doing this? In modern properties you can get away with turning the heating on for short bursts, but with colder walls and single glazing this isn’t going to work. Also need curtains that will help keep the heat in.

Green_hopeful

EPCs are nonsense. You can’t trust them to tell you anything meaningful. An old building would probably be solid wall and draughty. Its no wonder it was cold. I would contact the landlord or agent and try to negotiate out of the tenancy agreement. If its not possible to agree then some plastic film type secondary glazing might help with the draughts. 

Voyager2002

No one has addressed the central question: if the EPC provided at the time the tenancy began was misleading/defective, does that allow them to break the contract?

Flugelhorn

Voyager2002 said:

No one has addressed the central question: if the EPC provided at the time the tenancy began was misleading/defective, does that allow them to break the contract?

wasn't there another where they decided they didn't like the property and were looking to get out of the contract and find somewhere else nearer the boyfriend's uni?

FlorayG

Voyager2002 said:

No one has addressed the central question: if the EPC provided at the time the tenancy began was misleading/defective, does that allow them to break the contract?

No it doesn't, because currently EPCs are subjective anyway - two different assessors may give different ratings, especially if it is close. Plus, the LL only supplies the EPC as given, the LL doesn't have any control over it so you can't blame the LL for it.
Once you have signed then only negotiation with the LL will allow you to escape the contract

Bradden

Flugelhorn said:

Voyager2002 said:

No one has addressed the central question: if the EPC provided at the time the tenancy began was misleading/defective, does that allow them to break the contract?

wasn't there another where they decided they didn't like the property and were looking to get out of the contract and find somewhere else nearer the boyfriend's uni?

https://forums.moneysavingexpert.com/discussion/6593649/ending-joint-severally-liable-tenancy-early

HillStreetBlues

Tank40 said:

Daughter & boyfriend are university students in nearby cities. They saw a property near her uni with secure parking which was convenient because he can drive and can commute to his uni.

After signing a 10 month tenancy agreement March 2024 and moving in that September, they were soon offered the chance to sign up to live there from the expiry of that tenancy with a new 12 month agreement, or it would go on the market for the next academic year 2025-26. This was November 2024.

It snowed that Winter and being a pretty drafty flat with solid walls and no double glazing in a converted Victorian school, the heating couldn't cope and was horrifically cold to the extent that several houseplants died.

The property's EPC rating is D which seemed a bit optimistic and as it had only been done in early November 2024, I looked at the previous certificate which was E and the only change is (allegedly) energy saving bulbs were fitted. So apart from doubting the accuracy of the later EPC, when the first contract was signed there wasn't a valid EPC at all.

Feeling a bit misled, we would like to back out of the later agreement and find another property but are concerned about being held liable for potentially the whole of that 12 month contract should the LL decide not to replace our daughter & BF as tenants.

So do we have any grounds?

thanks in advance for advice,

Tank40

So signed up when the last EPC was E, now it's D you feel misled!
That doesn't compute, so expect this thread is a  red herring and it's your other thread is the reason.

saajan_12

Tank40 said:

The property's EPC rating is D which seemed a bit optimistic and as it had only been done in early November 2024, I looked at the previous certificate which was E and the only change is (allegedly) energy saving bulbs were fitted. So apart from doubting the accuracy of the later EPC, when the first contract was signed there wasn't a valid EPC at all.

How are these two statements in bold consistent?
What was the date of this previous certificate and how were you able to see if it it wasn't there at when the first contract was signed?