New Energy Performance Certificate Requirements

From the 1st October 2008, EPCs will be required for newly tenanted properties and properties currently on the market, without a Home Information Pack.

As from the 1st October, the validity period of EPCs for homes marketed for sale will be extended from one year to three years. For tenanted properties, EPCs are valid for 10 years and can be reused as many times as required within that period. It is not necessary to commission a new EPC each time there is a change of tenant.

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The landlord must commission an EPC and ensure a copy of it, including the recommendation report, is available (for inspection at least) free of charge to prospective tenants at the earliest opportunity. A copy of the EPC must be given, free of charge, to the person who ultimately becomes the tenant before any rental contract is entered into.

If the landlord has failed to provide an EPC to a tenant, or fails to show an EPC to an enforcement officer when asked, Trading Standards can issue a notice with a penalty charge of £200.00 per dwelling. Additionally, the landlord will still have to provide an EPC.

If the agreement between the parties expressly allows for a short period of holiday occupation only and no intention to create a tenancy can be inferred, then an EPC is not required.