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  • Landlord Resources

    New EPC regulations from 9th January 2013

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    Thanks you to the MeetMyAgent blog for the reminder that new EPC regulations kick in tomorrow.

    EPC regulations from 9th January 2013

    Obtaining an EPC

    An EPC must have been commission prior to marketing and obtained within 7 days of the property first being marketed – where an agent is employed, they must be satisfied that an
    EPC has been commissioned prior to marketing it.

    Where an EPC is not obtained within 7 days of the property being marketed, a further 21 days is allowed as long as it can be demonstrated that all reasonable efforts were taken to obtain the EPC.

    It is the responsibility of the seller or landlord to obtain the EPC, even in the event of employing an agent’s services to act on their behalf.

    When to provide an EPC

    The asset rating (energy efficient rating) on the EPC must be stated on any advertisement of the property in commercial media, including newspapers, magazines, the internet and any other written material describing the property.

    A copy of the valid EPC must be made available to prospective buyers/tenants free of charge as soon as possible, and no later than whichever is the earlier of:
    the first time a prospective seller or landlord makes available written information to the prospective buyer or tenant after they have requested it; or
    at the time a prospective buyer or tenant first views the property.

    You do not have to provide a copy of the EPC if you have reasonable grounds to believe that the prospective buyer or tenant will not purchase/rent the property for you (e.g. you know that they cannot afford it) .

    You must give the valid EPC to the person who ultimately buys or rents your property free of charge.

    Exemptions

    There are 4 exemptions from making an EPC available that are relevant to sellers and landlords of residential property:

    protected buildings where meeting minimum energy efficiency standards would unacceptably alter their character or appearance;

    properties which are used or intended to be used for no more than four months of the year, or for a limited time each year with an expected energy consumption of less than 25% expected all-year use;

    buildings under construction that have not yet been completed; or

    buildings due to be demolished.

    Penalties

    A penalty of £200 will be applied in the event of:

    failure to commission an EPC prior to marketing;
    failure to make available a copy of a valid EPC to a prospective buyer or tenant; or
    failure to give a valid EPC to a buyer or tenant.
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    If I do not advertise a property for rent through normal media channels but find a tenant through a friend do I still need to commision an EPC?
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    (08-01-2013 08:41 PM)jane_macswayne Wrote:  If I do not advertise a property for rent through normal media channels but find a tenant through a friend do I still need to commision an EPC?

    Unless these new regs change it - No I dont believe you do as you are not marketing it. Mine are almost all found through referals from existing contacts and not by active marketing and so I only have a handful of EPC`s

    Likewise if you sell a house privately to an existing contact you dont need one either
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    Jonathan Clarke. http://www.buytoletmk.com
    Yes, Jayne, all properties that are built, sold, or rented need an EPC.
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    [Image: 4995468760_6be86655d4_t.jpg]
    general operations director - propertytribes.com

    Jonathan I think the same as you. I have very few voids and find new tenants through my existing ones, will see if anyone else comes along on this
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    Thanks for the heads-up on this, I will include the EPC with my one page 'resume' of the property when I conduct viewings. Smile
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    My understanding is that any property rented out needs an EPC. See legislation on government web site


    When a building is to be sold or rented out, the seller or landlord must provide any prospective buyer or tenant with a valid EPC and a recommendation report, free of charge, at the earliest opportunity (regulation 5, EPB Regulations 2007). It is sufficient for the seller or landlord to provide a copy of a valid EPC and an electronic copy is permissible if the recipient consents to receiving the certificate electronically.

    The obligation to provide an EPC is triggered by whichever of these events occurs first:

    The seller or landlord provides written information about the building to a person who has requested information.
    A prospective buyer or tenant views the building.
    A contract is entered into to sell or rent out the building.

    The seller or landlord must ensure that the ultimate buyer or tenant has received a valid EPC.
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    Regards

    Simon
    Searchlight Finance
    Fulfil Your Property Ambitions
    01565 654005

    HMO Finance I Complex BTL I Bridging Finance I Development Finance
    Buy to Let I Portfolio Finance I Commercial Mortgages
    .
    Morning Simon,

    Thanks for that. That was my understanding also.

    Expanding this a bit .... As energy costs rise, tenants are going to be looking for more energy-efficient homes.

    If your property has a poor EPC rating, it might be an indicator to spend a few £££ making it more energy efficient and therefore more attractive to future tenants.

    As an EPC is valid for 10 years, it's not such a big deal to get one done. They cost from £45.00 and do shop around as prices vary a lot.

    An EPC is NOT required for tenants who rent rooms and share facilities.

    [Image: house.png]House Critter recommends the following related discussion:

    The BTL property of the future
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    Vanessa Warwick Landlord and Co-Founder of PropertyTribes.com **Book your FREE portfolio review and health check with Property Tribes Financial Services**

    .
    Thanks Simon

    It appears you do then . Heard it a few times though over the last few years about private lets/sales not needing them so must be a rumour from somewhere I guess if not fact . Do you know what the situation was before 9th bearing in mind these are 2007 regs Has there been an amendment to them since I wonder or is this additional legislation
    I know of a private sale going through as we speak where the solicitor says an EPC is not required as the property hasnt been actively marketed.
    Some will still have the EPC in place from the HIPS days. As V says its 10 yrs they last. Some of my tenants predate the 2007 regs so wonder if it can be applied retrospectively.
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    Jonathan Clarke. http://www.buytoletmk.com
    Hi Jonathan

    I'm not an expert on them but due to my day job I am reasonably good at finding information.Try the 2012 regulations.

    My question would be has anybody ever been prosecuted for not having one?
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    Regards

    Simon
    Searchlight Finance
    Fulfil Your Property Ambitions
    01565 654005

    HMO Finance I Complex BTL I Bridging Finance I Development Finance
    Buy to Let I Portfolio Finance I Commercial Mortgages
    I think for a let, you must give a copy of the EPC to everyone that views. If it is a true private let, e.g. the person asks to rent a property from you that you were not looking for a tenant for, you may be ok. This is like someone knocking on your door and asking if they can buy your house.

    However it is hard to claim you were not marketing a property that is a BTL! Just telling someone you are a landlord is marketing afterall.

    As to HMO, I understood that you did not have to provide an EPC if the tenant did not have to pay for any energy on top of the rent – but I may be wrong on this.
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