Lees Solicitors - Energy performance certificates - A quick guide for residential landlords - Amanda Cucchi

Commercial Property News

Energy performance certificates - A quick guide for residential landlords - Amanda Cucchi


Energy performance certificates - A quick guide for residential landlords - Amanda Cucchi

Residential Landlords should be aware that from 1st October 2008 an Energy Performance Certificate (EPC) will be required where a residential dwelling is rented out to a new tenant.

Landlords should carefully note the following:

  • An EPC is only required for the letting of a building or part of a building that is designed or altered to be used separately. This will mean a property that does not have any shared facilities i.e. bathroom, toilet, kitchen, with any other unit, that has its own entrance, either from the outside or through common parts, but not through another dwelling.
  • Landlords should make the EPC available free of charge to prospective tenants and should provide the EPC as soon as possible to the tenant who takes up occupation. 
  • Once obtained the EPC will be valid for 10 years and can be re-used for any new tenancy within those 10 years. However, if a newer EPC is obtained, then it will supersede the existing one.
  • An EPC is not required for a property which was occupied prior to 1st October 2008 and is still occupied by the same tenant, although the landlord may obtain one if he wishes to do so.
  • The EPC shows the Energy Efficiency Rating, which relates to the running costs of the property and the Environmental Impact Rating which relates to the carbon dioxide emissions from the property. This rating will be on a scale from A-G as can be found on electrical appliances such as fridges and dishwashers.
  • The rating is accompanied by a recommendation report that will show how to improve the property's efficiency. Both the ratings and the recommendation report should be provided to the tenant as, together, they make up the full EPC.
  • EPCs are produced by an accredited Domestic Energy Assessor (DEA) or a Home Inspector (HI).


Enforcement

The Trading Standards department for the area in which the property is located is responsible for enforcement. A Trading Standards Officer has the power to request that a Landlord produce an EPC if it is suspected that an offence has been committed. This may happen, for example, if the tenant complains that he has not received the EPC. If the landlord has failed to produce the EPC to the tenant or is unable to produce the EPC to the Trading Standards Office, then he can be issued with a penalty charge of £200 per dwelling and required to produce an EPC to the tenant.

We at Lees Solicitors LLP act for a number of residential Landlords for sales and purchases of investment property and if you require any advice relating to your investment property, please contact a member of our Business & Property Services Team on 0151 625 9364, 0151 342 6273 or 0151 647 9381.

Amanda Cucchi

 

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.

 


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