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  • HMO & Multi-Lets

    Is an EPC required for an HMO?



    I have been told that EPC's are not required for HMO's. If that is the case and you end up serving a section 8 or 21 but had not served the tenant with a copy at the beginning of the tenancy - what would be the outcome in court?

    Thanks - Michael.

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    I assume you are talking about renting individual rooms in an HMO. If you are renting the entire HMO on one rental agreement then you definitely need to serve an EPC.

    They may or may not be required for individual rooms. See https://www.landlordlawblog.co.uk/2016/03...m-rentals/.

    You only need to serve the EPC before you serve the section 21 notice - it doesn't have to be before the tenancy starts. You don't need to have served an EPC (or GSC) for section 8.

    If you don't want to serve the EPC, then you risk being the Shelter funded test case. An EPC will cost you £50 for 10 years so it is much cheaper.

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    I am referring to individual rooms and I always serve the EPC along with the other certs and how to rent booklet. It was just that I was pulled up by a very experienced Landlord who said why are you doing that - it's not required for individual HMO AST's.

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    True..An EPC is not required for an individual room when rented out. The whole building will require an EPC if sold or rented out.

    Having said that, we always provide EPC and all Electrical/ Gas Certs in all our HMO tenants, this way, we can serve Notices and not need to argue in front of the judge.. in case there is a need to serve notices.
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    All views expressed are my own and do not represent the opinion of any entity which I have been, am now, or will be affiliated. I am not responsible, in any way whatsoever, for the use of the information contained in or linked in the post.


    Hmo;
    With shared facilities and individual tenancy agreements do not need epc
    Need if selling/letting as a whole dwelling or self contained flats
    One tenancy agreement between all occupiers does need epc
    Can not serve section 21with no epc
    How to rent guide says epc not needed for hmo!
    So badly written legislation but not worth the stress hassle court case publicity or fine just to be challenging
    On the being able to evict under section 21 alone i would think it value for money
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    Michael the judge could reject your application so you you would be wasting more money than the cost of an epc
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    If you don't need an EPC then that will not be a problem for an s21.

    The s21 regulations don't require you to serve an EPC. They require you to comply with the EPC regulations. If you are exempt because it's an HMO then you are still complying.

    However it's not easy to explain in court and an EPC is pretty cheap.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    I would say that even though the concept of an EPC for a single room in an HMO does not exist in EPC law (aiui), that will not stop some of the more gormless regulators trying to use it against you.

    So serve the one for the whole property anyway, even though they are all available free online (sigh).

    ML


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