Unsure of my rights as a tenant once EPC has failed

I’m not sure if this is an unusual situation, it certainly is for me so I would really welcome any perspectives from tenants or landlords on here.

I’ve lived in a rental property with my partner for 6 years. The tenancy agreement was in my partner’s name and she dealt with the letting agent who managed the let. My partner moved out of the property in September having given a month’s notice as per contract. At the same time I began the process of setting up a new tenancy agreement in my name as I’d decided to continue living there. References and checks were all made and passed and I finally got a new agreement to sign online. I noticed within the documentation that the EPC certificate (taken in Sep 2020) for the property was an F and a note to say that the property could not be let. When I called the letting agent to discuss this they said they would get back to me. Within half an hour I had an email to say the DocuSign agreement I had signed was voided due to the EPC fail. The letting agent called to say they could no longer manage the property and for me to continue dealing directly with the landlord (which I hadn’t been).

I have no contact details for the landlord and when I called the letting agent back to see what was happening they said they were struggling to get hold of them.

I’ve now been living at the property for two months with no agreement, there has been no rent paid since September, I have no contact details for the landlord and have no idea what my position is legally regarding being able to rent the property anyway with the failed EPC.

Any perspectives gratefully received.


its not for you to get an epc It is up to the landlord Put the rent money to one side as you are still there. He will get in touch as he will want his money . You can find out the owner of your place by a small fee to land registry


Thanks for your reply Colin. I’ll definitely check out the land registry idea.

I understand the EPC is up to the landlord. My question really is about can I legitimately rent the property anyway if the EPC is an F?



I do not know the answer to that. My educated guess is that you can and if the relevant authority found out ,it would be the landlord for the chop

1 Like

I think the same as Colin, that you do nothing wrong and can rent it.

There is also another alternative if you do not know the LL and want the EPC to be done (it’s a financial issue!!!). Call your council’s environmental health department. They have powers to make the LL carry out necessary works affecting safety, or in the worst case scenario they can do it and charge the LL.


You are not breaking any laws by continuing to rent the place. The landlord is though and its up to him or the agent to tell you to leave. If they dont, just carry on. Pay the rent if you can, because that will establish a tenancy for you.

I have a feeling that if the minimum costs to improve the property’s rating are over £4,500 (this is probably only the case if external wall insulation is required as there is no cavity wall), there is a case for the landlord to request an exemption. But there would have to be an exemption certificate in place for the rental to remain legal.