UK Landlord Forum / Life

Hi all, new member here.

I've been a landlord for 20 years and never had a problem...  Lucky i know, until now.  Tenant hasn't paid rent since the day he moved in and now i wish to issue a section 21 on or around the 1st of December as this will be the end of the 4th month on a 6 month AST.

Things have been fairly cordial and i have been careful not to be inflammatory in any of my texts, offering repayment plans and being understanding.  However i wish to be in a position to issue a section 21 and want to get a EPC in place.  Tenant is being slightly obstructive and has now started saying I'm giving his wife anxiety (I've been extra careful not to antagonise).  I've tried asking for dates that a EPC assessor can come but he seems to be stalling for time.  I am pretty sure he is not working and was wondering if i can just give notice of a visit and hope for the best.  Would a refusal or constant refusal of EPC inspection give me any hope at a S21 hearing?

Many thanks in advance

John 

Quote from: M52spy on November 08, 2023, 06:01:14 PMI've been a landlord for 20 years and never had a problem...

I wish to be in a position to issue a section 21 and want to get a EPC in place.

Would a refusal or constant refusal of EPC inspection give me any hope at a S21 hearing?

You were required by law to give your tenant a valid EPC (i.e. still within its 10 year validity period) when they rented the property. See https://www.legislation.gov.uk/uksi/2007/991/regulation/5/made

Did you do this?

You are not required to renew the EPC and supply it to the tenant if the EPC previously given expires during the period of the tenancy.

Your S21 will be invalid if you have not supplied the tenant with an EPC, so the answer to your question "Would a refusal or constant refusal of EPC inspection give me any hope at a S21 hearing?" is No, since you should not have been in that situation anyway.

Not my understanding handyman.
First google result seems to confirm aswell.

"Once your EPC has been issued, it is then valid for ten years. When it runs out, you do not need a new one unless you are entering a new tenancy with new tenants or selling the property."

Quote from: Riptide on November 09, 2023, 01:25:10 AMNot my understanding handyman.

Your understanding and mine are the same.

I wrote: "You are not required to renew the EPC and supply it to the tenant if the EPC previously given expires during the period of the tenancy." which is the same as your: "Once your EPC has been issued, it is then valid for ten years. When it runs out, you do not need a new one unless you are entering a new tenancy with new tenants or selling the property."

Quote from: M52spy on November 08, 2023, 06:01:14 PM...and want to get a EPC in place.

This implies there isn't one - but it's worth us checking - are you talking about a current one or one at all? If there is one at all, then you do not seem to have a problem.

Hi all thanks for the replies much appreciated.

Yep hands up, didn't have a EPC in place at the beginning. Will having an EPC before a S21 is given, but not from beginning be a problem?  And if i can prove that i have booked an Assessor be looked at dimly?  It would suggest that apart from an S8 i would have no recourse.

John

How long have you had the place? Are you sure there wasn't one, you can check online.

I'm not sure it matters, because the requirement is to give the tenant a "valid" EPC, and an expired one isn't valid now, even if it exists.