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Emergency Accommodation and EPCs

Many people in Cumbria are now looking for emergency accommodation. It is worth bearing in mind that there is a statutory defence to a requirement to have an EPC prior to letting a property in an emergency situation.
This is provided by regulation 42 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. This regulation stipulates that it is a defence to a prosecution under the regulations when:

  1. The letting was to provide emergency accommodation for the tenant due to a need for urgent relocation;
  2. There was no EPC currently in the possession or control of the landlord and there was insufficient time to reasonably obtain one prior to the letting; and
  3. An EPC has been obtained and provided to the tenant as soon as was reasonably practicable after the letting commenced.

Obviously, any landlord seeking to take advantage of this exception would be well advised to obtain written confirmation from the prospective tenant that it is an emergency and they should also book the EPC as soon as possible, and ideally before the start of the tenancy.

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