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  • Legal FAQs

    Latest view on EPC for HMO rooms

    I have read many old threads on here about whether you need to provide an EPC to a new tenant of an HMO. 

    There seems to be 2 pieces of conflicting advice and although The Right to Rent guide says you do not, there are other pieces of legislation that say you do!

    Does anyone know the latest position of this? I have a tenant moving in and don’t have an EPC so I’m wondering, if I need to issue a S21 in the future , whether I’m breaking the rules. 

    If I do then what should I do today as I’m about to hand the keys over?


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    Hi Sharron,

    David Smith, HMO legal expert, recently created a video for us to answer this FAQ:

     

    Just a reminder that Property Tribes offers a fixed fee EPC service nationwide - where you can book on-line in less than two minutes!

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    Thanks Vanessa. So David’s advice really is to get one as they’re cheap which is fine, but my tenant is moving in today so I’m not sure what I should do now.
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    Book one for ASAP via Property Tribes service - then serve on the tenant as soon as you receive it.

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    If it’s carried out say in the next few days won’t that make it invalid as because it was done after the contract started ie today?
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    I don't think that's an issue.  It shows intent to be compliant, and, as David said, its not even clear if HMOs require an EPC ...

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    Paragraph 2(1)a of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 requires you to comply with regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012. This states:

    The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.

    There is no time limit in this requirement, just that you have to give a copy to the tenant. Compare this with the paragraph 6/7 of regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 which has a time limit.


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