Further to our recent blog about the landlords’ and agents’ responsibilities for Gas Safety Certificates and appliance tests, failure to have an EPC (Energy Performance Certificate) can also lead to significant penalties.
Landlords are legally required to obtain an Energy Performance Certificate (EPC) for a rental property even before it is advertised, as failure to do so can result in significant penalties. Non-compliance with EPC regulations can lead to penalties of £2,000 for up to three months, or £4,000 for up to six months of renting a non-compliant property. Additionally, properties with an EPC rating of F or G under the Minimum Energy Efficiency Standards may be rented out illegally, impacting a landlord's ability to serve an S.21 notice for possession.
An EPC is required even before the property is advertised. If a property is rated at F or G in the Minimum Energy Efficiency Standards the property could be rented out illegally!
The penalties vary dependent upon how long the non-compliant property has been rented for. For up to a three-month period, a penalty of £2,000.00 applies, the same amount if you do not obtain the EPC before advertising. For properties that have been rented out for up to six months in breach of the requirement the penalty rises to £4,000.00.
You also need to provide a copy of the EPC and keep evidence of having done so, to the tenant. If not, you will not be able to serve an S.21 notice for possession and an award of up to three times the deposit monies plus the return of the original deposit can be made against the landlord.
Best to have your EPC certificate in place in good time. Also your Gas Safety Certificate and checks. To assist with the latter, please contact us.
[/column]
