1) The seller or landlord must provide an EPC free of charge to a prospective buyer or tenant at the earliest opportunity. A copy of the EPC must also be provided to the successful buyer or the person who takes up the tenancy.
2) Estate agents and other third parties must ensure that an EPC has been commissioned before they can market a property for sale or rent.
3) In addition all advertisements in the commercial media must clearly show the energy rating of the building (where available).
Failure to comply with the above could lead to a £200 penalty; however there are two exemptions that are relevant to us.
Where a request for an EPC has been made the landlord who is to provide the EPC has made the request for an EPC as soon as possible and despite all reasonable efforts and enquiries, a valid EPC is not in the landlord’s possession. The EPC should nonetheless be made available to prospective tenants as soon has the landlord receives the EPC. Also where a prospective tenant was seeking to rent a building in an emergency requiring his urgent relocation the landlord did not have in its possession a valid EPC at the time of letting.
2) There was insufficient time for the prospective landlord to be reasonably expected to have obtained an EPC before letting the building, and the landlord has given a valid EPC to the tenant as soon as reasonably practicable after letting the property.