Do I Need an EPC for an Existing Tenancy

Energy Performance Certificates, better known as EPCs, play a central role in the UK property market. They provide an energy efficiency rating for a building and give recommendations on how its performance can be improved. For landlords, tenants and homeowners, the rules around EPCs are not always straightforward, particularly when it comes to existing tenancies. Many landlords ask whether they need to commission a new EPC once tenants are already in place or if it is only required at the start of a tenancy. The answer depends on the age of the certificate, the type of tenancy agreement, and whether the property meets the government’s minimum energy efficiency standards.

What is an EPC and Why is it Important?

An EPC measures how energy efficient a property is on a scale from A, the most efficient, to G, the least efficient. It also provides guidance on potential improvements such as adding insulation, upgrading heating systems, or fitting more efficient lighting. EPCs are a legal requirement whenever a property is built, sold or let. This means that before new tenants move into a property, a landlord must have a valid certificate in place. It is also important because rental properties must achieve a minimum rating of E or above for most tenancy agreements, a requirement designed to help reduce energy use and improve living standards.

Do You Need an EPC for an Ongoing Tenancy?

If tenants are already living in a property under an existing tenancy, a landlord does not usually need to commission a new EPC until either the certificate expires or the tenancy agreement is renewed. An EPC is valid for ten years, and during this period it can be used multiple times. This means if the property was let with a valid EPC, it remains compliant until that certificate expires. However, landlords should be aware that if the certificate has expired and the tenancy rolls over into a statutory periodic tenancy, they may be required to provide an up-to-date EPC to remain legally compliant.

Minimum Energy Efficiency Standards for Rental Properties

Since April 2020, landlords in England and Wales cannot legally rent out a property with an EPC rating below E unless an exemption has been registered. These rules apply to both new and existing tenancies. If a landlord continues to rent out a property that fails to meet the standard, they risk financial penalties and enforcement action by local authorities. This means that even if an EPC was not required at the start of a tenancy many years ago, the current minimum standards still apply and landlords must ensure the property meets the threshold if they wish to keep renting it out.

Renewing Tenancy Agreements and EPC Requirements

When a fixed-term tenancy comes to an end and a new agreement is signed, the landlord must ensure a valid EPC is provided if the previous one has expired. Similarly, if the property is sold or transferred to a new owner while tenants are still in place, the new landlord must check that a valid EPC is available. It is always best practice for landlords to monitor expiry dates and renew certificates in good time rather than risk a compliance breach that could lead to enforcement action or difficulties letting the property in the future.

What Happens if You Do Not Have an EPC?

Failing to provide a valid EPC where one is required can result in fines issued by the local authority, with penalties running into hundreds of pounds. For landlords, this is not only a financial risk but also a compliance issue that can affect their reputation and ability to let properties in the future. Tenants also have the right to request a copy of the EPC at no cost, so if it is missing or expired, it may raise questions about the landlord’s compliance with other housing regulations. The small cost of commissioning an EPC is far outweighed by the potential penalties for not having one in place.

Should Landlords Update an EPC Early?

While an EPC is valid for ten years, landlords sometimes choose to commission a new certificate sooner if they have made significant energy efficiency improvements. For example, fitting loft insulation, replacing single glazing with double glazing, or upgrading the boiler can all improve a property’s EPC rating. Having a stronger rating not only ensures compliance with minimum standards but can also make the property more appealing to tenants, who may view lower energy bills as a significant benefit. Although it is not compulsory to update early, it can be a smart choice when improvements have been made.

Conclusion

In most cases, landlords do not need to obtain a new EPC for an existing tenancy until the current certificate expires or the tenancy is renewed. However, all rental properties must meet the government’s minimum energy efficiency standards, meaning that a rating of E or above is required for both ongoing and new tenancies. Keeping track of expiry dates, commissioning timely updates, and making improvements where possible helps landlords stay compliant and maintain the appeal of their properties. An EPC is not just a piece of paperwork but a tool that supports energy efficiency, reduces bills, and ensures a safer and more sustainable rental market.