LANDLORD LETTING REGULATION FOR EPC

Government Legislation

Letting a property.

An EPC is required for any dwelling offered to let as of 1 October 2008.

The EPC used in these circumstances can be up to 10 years old, though if a newer EPC is produced for the property only the latter is valid.

The EPC2 must be made available for any home, free of charge, to a prospective tenant from the 1 October 2008, at the earliest opportunity and in any event where any of the following events happens:

• When the home is viewed (even if that means providing the EPC before any written information or particulars are provided)
• If written information about the home is provided as a result of a request by a prospective tenant.
• Before the tenant signs a contract to rent the home.

It is not placing a property on the market that defines the point at which an EPC must be available, but any of the circumstances listed above.

The EPC graphs need not be included in the written/electronic property details for rental of the home, however, it is good practice to include them.

The landlord is the ‘relevant person’ under EPC legislation and is responsible for making the EPC available.

The landlord, NOT THE AGENT, is liable to a penalty charge if the EPC is not made available. It is considered good practice, however, for any estate agent offering a property to let on a landlord’s behalf to inform the landlord of the legal obligation and to recommend that an EPC is obtained as soon as possible, even though the agent is not liable to a penalty.

Where a tenant is in occupation before the 1 October 2008 and continues to be occupation after this date an EPC is not required. If at a later point the tenant changes an EPC will be required to show prospective tenants.

A landlord should make a proper request for an EPC to a provider in good time and at least 14 days before it is required to avoid any penalty charges.:

The EPC in full must be provided to the eventual tenant.