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Are you a residential landlord? Here's a timely reminder...

If you are Landlord and rent out domestic property e.g. houses or flats, you need to be aware of new legislation in respect of Energy Performance Certificates. From 1st October 2008 all homes being let are required to have an Energy Performance Certificate (EPC).

The certificate provides a rating for the building between "A" and "G".  "A" indicates the most energy efficient and "G" being the least efficient.  The certificate can only be prepared by an accredited energy assessor but remains valid for 10 years.

If your property is already tenanted and there are no plans for the tenant to leave the property then you do not have to obtain and supply an EPC.  The legislation only relates to new tenancies granted after 1st October 2008.

The EPC (which includes a recommendation report) has to made available free of charge by you to prospective tenants as soon as possible.  You should make it available when you supply any written information about the building or when a viewing is conducted.  At the very latest, the certificate must be made available when the Tenancy Agreement is entered into.

You do not have to make the certificate available if you believe that the prospective tenant does not have sufficient funds to rent the property or is not genuinely interested in it or if you are unlikely to be prepared to rent the property out to that prospective tenant.  Proof of these exclusions may be difficult however and at the end of the day, the obligation is there to ensure that the certificate is produced before entering into a Tenancy Agreement.

If you are a Landlord letting out a property and would like more information with regard to EPC or if you need to arrange an EPC for your property please contact us as soon as possible.  It is advisable to ensure that the EPC is prepared well in advance.  This may save you from void periods and prevent loss of rental income.

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Pengillys is a trading name of Pengillys LLP which is a Limited Liability Partnership registered in England under number OC342605. It is regulated and authorised by the Solicitors Regulation Authority as Pengillys LLP under number 00499799 for our Weymouth office and number 00510080 for our Dorchester office. Its registered office and principal place of business is at Post Office Chambers, 67 St Thomas Street, Weymouth, Dorset, DT4 8HB.