Avoid Fines If You Have Purchased Property Around 2008

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There are fixed penalties for failing to provide an EPC/make one available when required. The fixed penalty for dwellings is £200 per dwelling. There is a six month time limit for any enforcement action to be taken.

AVOID PENALTIES UPDATE YOUR EPC

UK Government had no statistic upon which to base its future plans and, in October 2008, the EPC was born in order to gather accurate information and to raise awareness of the amount of fuel that was being used.
This is the timescale for the future of EPCs in relation to letting property

  • From 6th April 2012 a new style certificate will be used
  • From 2016 a tenant will be entitled to ask the landlord to carry out the measure recommended on the EPC and the landlord will have a legal obligation to do so
  • From 2018 it will be illegal to let a property which has an EPC rating below E

Did you know?.. In addition, further changes that took effect as from 1st October 2015 for new tenancies starting on or after that date. States that landlords will now have to provide the EPC to tenants before they can rely on a section 21 notice.

This is important if you purchased property in 2008 as they are due to expire next year.

Let’s look at what landlords, because we are the “relevant person”, and Agents acting on our behalf, need to do in order to comply with our legal obligations under the Energy Act of 2011 and changes to The Energy Performance Of Buildings (Certificates And Inspections) (England And Wales) Regulations 2007 (The EPB Regulations).

1. We must all have an EPC assessment carried out on any property that we are going to offer for let or sale this must be commission before we begin to market the property the onus to do this remains on the ‘relevant person’ (the seller or landlord).
2. We must show every prospective tenant the EPC at the viewing to enable them to assess the cost of fuel that they will use if they take the property.
3. We must give a copy of the EPC to each tenant at the start of the tenancy so that they have a permanent record to keep.
4. Before 2016 we should all carry out measures recommended by the assessor on the EPC and have the property re-assessed and re-rated to show that we have done so, this is not a legal requirement but it will enable us to have work carried out as part of planned maintenance and when the property is unoccupied if we choose to do so.
5. By 2016 we must be prepared to carry out any outstanding measures if the tenant requests us to do so and there is a finance package available because this will be a legal requirement.
6.  By 2018 it will be illegal to offer a property to let (or for sale) unless we have raised the EPC rating to E or above or above if it is possible to do so according to the Energy Assessors recommendations on the EPC.
7.  It is recognised that there are some properties that will not reach an E rating and the Energy Assessor will note this on the EPC and a note of the highest possible rating will also appear.

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