Do I have to have an EPC before I issue a section 21?

Question

Answer

This is a tricky question, it really depends on the type of tenancy you have in place and how long your tenants have been in situ.

If your tenants moved in before January 2013 - NO

You may not have needed to have an EPC in place to advertise the property. You also won’t need one to issue a section 21 notice to them, however, you will need one in place to re-let your property, so it is possibly worth considering getting this box ticked in advance - there’s
no harm in being organised and then it’s one less thing to worry about when you come to get your property back on the market!

If your tenants moved in AFTER 9th January 2013- YES

As of 9th January 2013, it was a legal requirement to have an EPC in place in order to let a property. You are not legally allowed to let your property without one. So, if your tenant moved in at any point after this date, you should have an EPC in place anyway. It is always vital to ensure that you are compliant with all landlord legislation, even more so if you are planning to launch legal action against your tenant (the section 21).

If your tenants moved in AFTER October 1st 2015 – YES

The regulations regarding section 21 changed on this date, and therefore the information you may need to provide might be more than you expect. If your tenant moved in after this date, you will need to make sure you have ticked the following boxes before you can
legally issue a Section 21 notice:

• You have protected any deposit that you have taken, within 30 days and served the correct notices.
• You have provided your tenant with a current Gas Safety Certificate within 28 days of the annual gas safety check, and upon moving into the property
• You have provided your tenant with a current EPC
• You have provided your tenant with the most up-to-date version of the government’s
• How to Rent guide current at the time of the commencement of the tenancy – this is available here
• If your property is licensed by your local authority, you should provide available documents showing how you have complied.