Renewing an Expired EPC During an Ongoing Tenancy: Is It Necessary?

As a landlord, you may have come across the term "EPC" or Energy Performance Certificate. An EPC is a document that rates the energy efficiency of a property, offering insight into its environmental impact and potential utility costs. Typically, an EPC is valid for 10 years. But what happens if your property's EPC expires during an ongoing tenancy, and you have no intentions of renting or selling the property currently? Let's explore whether you need to get a new EPC done under these circumstances.

 

The Short Answer: No, you generally do not need to obtain a new EPC if it expires during an ongoing tenancy, and you have no plans to rent or sell the property.

Explanation: EPCs are primarily required when a property is being sold or rented out to new tenants. If you are mid-tenancy and have no plans to make changes to the tenancy agreement or market the property again, obtaining a new EPC is not mandatory. The existing EPC, even if expired, remains valid for the duration of the current tenancy.

 

However, it's important to note a few key points:

  1. Legal Requirements: While you may not need to renew the EPC for your current tenants, you should ensure that you have provided them with a copy of the valid EPC when they first moved in. This is a legal requirement and failure to provide a valid EPC could result in penalties.

  2. Future Changes: If you do decide to make changes to the tenancy agreement or plan to rent or sell the property in the future, you will need to obtain a new EPC. Keep in mind that the new EPC will need to be available for prospective tenants or buyers to review (before advertising the property).

  3. Energy Efficiency Improvements: While not mandatory, it's always a good idea to consider improving your property's energy efficiency. Updating insulation, lighting, heating systems, or other energy-related aspects can lead to cost savings for both you and your tenants. If you make significant energy efficiency improvements, obtaining a new EPC with an improved rating could be beneficial.

  4. Renewing Tenancy Agreements: If you are renewing the tenancy agreement with your current tenants, it's highly recommended to provide them with a valid EPC as well. This is a proactive approach to ensure compliance with legal requirements and avoid potential disputes. A renewal (or any change in contract) can be seen as a new tenancy so it's better to err on the side of caution. This step can help avoid any potential misunderstandings or legal complications down the line, as it showcases your intent to maintain the highest standards for your property and your tenants' rights.

In conclusion, if you are mid-tenancy and have no plans to rent or sell your property again, there is generally no immediate need to obtain a new EPC, even if the current one has expired. However, it's important to fulfill your legal obligations by providing a valid EPC to your tenants at the beginning of their tenancy. Should your circumstances change in the future, such as considering new tenancies or property sales, obtaining an updated EPC will become necessary.