How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 12551
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

My landlord rented me his property without an EPC in place.

This answer was rated:

My landlord rented me his property without an EPC in place. Because it is illegal for him to do that, should that invalidate the rental agreement?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I am in the U.K.?
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I cannot fully recall but it was a fairly standard AST lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is basically the query ....because what the result of that will set the agenda for any further action I may have against him

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Yes, it is illegal.

It means he can't serve a S.21 notice on you.

It does not invalidate the agreement, but he can't serve a S.21 notice on you until its served.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 10 days ago.
Following the termination of our rental agreement, the landlord has made unreasonable claims for some damage by our cat on some old and worn leather chairs which we have said we would replace ‘like for like’ or given the usual wear and tear of holiday rented furniture, we said we would get it repaired. She has said she wants new ones. I will go legal with this but she never had an EPC in the first place so as to avoid future action, I wondered if this illegal act would negate this necessity. Further, our deposit was not put in the Deposit Protection scheme. Surely being illegal in the first place she was not able to enter into a contract on the property

Yes you can claim x3 your deposit in compensation, plus return of the deposit.

You need to write and set out your losses and request compensation within 14 days of the letter of claim, or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Jamie-Law and other Property Law Specialists are ready to help you