Could the confusion arise because some councils (a) don’t know the law and (b) make it up as they go along or (c) deliberately set out to make it more difficult for landlords…
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I think you MAY need to have a valid in date EPC after the start of the tenancy
- if a council asks for one as a condition of renewal of a HMO licence
- if you introduce a new contract or amend it to add a new tenant or make a joint tenant the sole tenant
Though it is unlikely you will need one .during an existing tenancy you never know when an existing tenant wil die or move out and most of don’t want to prolong a void while we mess about getting one.
So it is CLEARLY best professional practice to keep your ECP in date.
However I think if you have a valid EPC and CAN PROVE have made no alterations that would change the rating you could fight any legal challenge relating to a tenancy where an existing tenant was supplied with an up to date certificate at the start of the tenancy and would likely win.
But this is a technicality - and most of us want to make these matters as simple and water tight as possible.
Just not worth messing about or wasting time on ! Make sure you gave an up to date certificate at all times and you canb be flexible in readvertising and not waste your time and money on additional red herrings in court.
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Had an epc expire (an E). Got another assessor in who gave it a C. No changes were made since the E.
Don’t you love assessment standards, or lack thereof.
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I would be massively surprised if nothing had REALLY changed in 10 years
Are you still using incandescent light bulbs (or have you now changed to all LEDS like most people) ? I very much doubt it !
Did the assessor have access to the same materials/manuals to identify the actual rating of boiler or other appliances…
Are you sure no radiators we covered in the first visit and but not the next. or you haven’t replaced a valve or two with a standard thermostatic controlled one in routine maintenance ?
Were any secondary heat sources in the property the same both times ? Fan heaters, gas wall heaters etc. ?
Any door seals replaced/ or flaps on letterboxes
Fl;ooring materials / carpet , linoleum, etc/ curtains /blinds etc where part of the fittings. - has a tenant replaced a cylinder jacket ?
Its amazing sometimes how much has changed that we don’t think of - cos we are focussed only on cavity wall or loft insulation.
Bulbs. This will not effect an epc to a significant level. maybe a point.
Same boiler. Same rads. Same trvs. No secondary heat sources.
Different carpet.
Same windows
My point being different assessors, vastly different results.
Same with EICR.
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Assessment criteria for EPCs has tightened up in recent years and it is now widely accepted that most EPCs renewed now, would almost certainly score at least a grade lower than the previous score, (assuming nothing else had changed). For that reason, its not necessarily in the landlords interest to renew an EPC if they don’t have to.
From the government guidance (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/882957/Domestic_Private_Rented_Property_Minimum_Standard_-_Landlord_Guidance_2020.pdf)
Key sentence: "Once an EPC reaches the ten-year point and expires, there is no automatic requirement for a new one to be commissioned. "
"1.1.4.2 EPCs -Ten Year Validity
Once an EPC is lodged on the EPC register (the EPC assessor is responsible for ensuring this happens) it is valid for a period of ten years. A new EPC is not required each time there is a change of tenancy (or even when the property is sold), provided the earlier certificate is no more than ten years old. An owner, landlord or tenant will be free to commission a further EPC within that ten-year period if they choose. If a voluntary EPC of this type is produced and lodged for a property which is already legally required to have a valid EPC, then this new EPC will become the current one for the property, replacing the earlier one.
Once an EPC reaches the ten-year point and expires, there is no automatic requirement for a new one to be commissioned. A further EPC will only be required the next time a trigger point is reached, i.e. when the property is next sold, let to a new tenant, or modified in the manner described in section 1.1.4.1 EPC Overview above."
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It’s a disgrace that we are heading towards an ‘too low to let EPC’ disaster because it’s clear that the assessment is purely subjective. My last one went from C to D by one point because a wall wasn’t insulated. It’s an internal wall to the adjacent flat!
Good news that the limit of £3500 exists and that one can get an exemption because another flat is too low because of lacking cavity wall insulation which the block landlord/ management committee refuse to even discuss.
If you dont comply with all the regulations you wont be able to get your tenant out with a S21 . In my area all the Solicitors billboards have changed from 500 quid divorces to tenants fighting Landlords .
The Paralegal will simply ask the prospective client on the phone as part of initial screening the following question ’ Before you moved in did the LL or letting agent supply you with the latest How to Rent Book, an EICR done in the previous 5 years ,PAT testing in the last year ,a Gas safety certificate , EPC done in the last 10 years and did he check the smoke alarm was working ’
If the answer is no its off to Court they go with huge legal Costs thrown into the mix
That extra point or 2 could just push you up to the next category, as happened on one of mine.
A good assessor should advise you accordingly / in detail, how to raise the rating.
It went from an E to a C. No level of small changes would do that, all that was changed were bulbs to energy efficient.
I have found out the most likely contributing factor accounting for the vast difference. The estimated year of build determined by the assessors was nearly 20 years apart! (Which would impact such things as assumed cavity wall insulation as building standards would vary for each year).
Ridiculous that something which can have such a significant impact is based on such an amount of guesswork!!