Letting update
EPCs and sElf-ContainEd units
Q A landlord has a property were he lets out rooms.
Does he have to provide Energy Performance
Certificates (EPC) for these? In the Letting Centre’s
Factsheet 38 on EPC’s it states ‘...certificate detailing
its energy performance compared with reference
values must be made available for each self-contained
accommodation unit...’ What is the definition of a
self-contained accommodation unit?
A The guidance on EPCs in the private rented sector provided
by the Communities and Local Government states as follows:
“An EPC is only required for a dwelling that is self-contained,
meaning that it does not share essential facilities such as a
bathroom/shower room, wc or kitchen with any other dwelling
and that it has its own entrance either from outside or through
common parts, that is not through another unit.”
Most purpose built units will require individual EPCs but
rooms in shared houses, for example will not.
BrEak-in and BloCk insuranCE CovEr
Q One of the properties that I manage has just been
burgled. It was a ground floor flat in a big block and
the burglars, having failed to jemmy open the patio
door, sawed their way through the locks on the
kitchen window and climbed in. The kitchen window
is secured as a temporary measure but both the
kitchen and patio window need to be replaced. The
tenant has insurance cover but the insurance
company says that it is only for the contents of the
property and not the structure. The block is managed
by a local property management company and they
have not been particularly helpful. The landlord pays
both the ground rent and a quarterly charge to this
company. Who should be paying for these repairs?
A Section 11 Landlord and Tenant Act 1985 puts the repair
burden on the landlord rather that the tenant in short leases.
However, as this is a leasehold property the terms of the head
lease under which the landlord owns the property will be
relevant and it is likely that the freeholder will have repairing and
insuring obligations for the block as a whole. The first thing to
check will be the terms of the head lease which the landlord
should be able to provide if you do not have a copy already.
Where a service charge includes an amount payable for
insurance, an individual leaseholder may ask the freeholder for
a written summary of the policy or an opportunity to inspect
and take copies of the policy. The request must be made in
writing and the landlord must comply within 21 days of
receiving it. There is a very good chance that the block insurance
cover will deal with the repair costs to the windows.
thE tEnant Can’t Pay – what aBout his dEPosit?
Q A tenant has lost his job and can’t pay the rent.
The landlord is relatively happy for us to find a new
tenant but what will happen to the deposit?
A When a new tenant is found, you will treat the outgoing
tenant’s deposit exactly like any other deposit. Make agreed
deductions from it, refund the balance and deregister it from
the My Deposits scheme. If the amount of deductions is in
dispute the dispute resolution service should uphold your claim
as fair deduction for breach of the fixed term contract.
PROPERTYdrum OCTOBER 2009 55
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