Is it illegal to have tenants in situe where the EPC has run out. We have a few long standing tenants where this has happened. Sometimes we have waited until a tenant leaves then obviously, we have to get a new EPC. Just wanted to know if we are doing anything wrong by not having an in date EPC for existing tenants ?
Maggie
As long as the EPC is valid when the tenancy agreement starts, it can expire during the tenancy term. Take care though if you ‘renew’ the tenancy, rather than it rolling on, as I’ve assumed that would require a new valid EPC at the time of the renewal.
My understanding is that a new EPC is only required at tenancy renewal if there has been a material change. That would include significant changes to the tenancy, (not rent increases) or if a new EPC is likely to be a different grade. However, Im sure a tenants lawyer would try to argue that a s21 was now invalid, so unless a landlord wants the expense of appointing their own clever lawyer to counter the argument, its probably best to get a new EPC before issuing a replacement tenancy. Yet another reason to just allow tenancies to go periodic after the fixed term.
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