Court of Appeal rules that Landlord was not required to provide an EPC for a pre-2015 Tenancy

Rachel Garton and Jane Curtis-Tanton, 22nd September, 2021

Minister v Hathaway & Anor [2021] EWCA Civ 936 (23 June 2021)

This case involved a dispute between a landlord and tenant of a residential property. The County Court had previously decided that a notice pursuant to Section 21 of the Housing Act 1988 (“Section 21 Notice”) was invalid because an energy performance certificate (“EPC”) had not been served on the tenant despite the fact that the tenancy had commenced in 2008, prior to The Assured Shorthold Tenancy Notices and Prescribed Information (England) Regulations 2015 (“the Regulations”).

Judgment was handed down concluding that Regulation 2 of the Regulations does not apply to tenancies which were granted before 1 October 2015.

This means that landlords of properties let under assured shorthold tenancies which were granted before 1 October 2015 do not have to serve an EPC to be able to rely upon a Section 21 Notice.

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