Ask Lorraine – Myself and 4 other males rent a room from our Landlord on a room by room basis. He pays all the bills (they arrive in his name) and we rent our rooms individually from him. I’m hearing that we should have been given a copy of the EPC when we moved in, is this correct?
Lorraine’s Answer – Hello Simon,
Legislation refers to an EPC being required just for “buildings” and mentions giving an EPC to the prospective tenant of a “self-contained letting” Your dwelling is not self-contained i.e. facilities are shared, as in a HMO (House of Multiple Occupancy) So according to government guidance your type of dwelling does not require an EPC.
Some landlords do however have EPC’s carried out on HMO’s should they ever need to issue a section 21 notice – regulations state Energy Performance of Buildings is now required in order to serve a valid section 21 notice.
Only a Judge can create a legal precedent on the interpretation of legislation and a Judge is only going to be bound by the wording of the statute. I think this is a grey area and guidelines may well be amended in the future to include “bedsits”. Let’s wait for the first test case to come to court!
My advice for any Landlord where the house is individual room lets, get an EPC for the whole house, it’s valid for 10 years and at a cost of approx £80.00, it hardly breaks the bank – Belt and Braces approach.
Give a copy to prospective tenants and also to whoever becomes the actual tenant.
Until next week
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