Ask an Property Solicitor. Get an Answer ASAP.
Just a few quick points:
I am a solicitor in England and Wales with experience in a wide range of matters.
I will respond to your enquiry as soon as I am able to. If I do not reply right away please bear with me as it may be because I am dealing with another client or I am offline. I will respond as soon as I am able to.
This is a question based/information sharing platform and i cannot legally represent you or act on your behalf.
I may ask you some clarifying questions to help me answer your question as best i can.
I will now deal with your enquiry and assist you as best i can.
It is the landlord's obligation to ensure that the EPC meets the requirements and the obligations cannot be passed to the tenant. However, the cost of carrying out the necessary improvements may be passed on to the tenant under service charge provisions depending on the terms of the lease.
Therefore you need to check the terms of your lease and obtain confirmation from the landlord.
It will not necessarily make a difference however the terms of the lease need to be looked at. Whilst is may be a FRI lease the landlord cannot pass all the responsibility for repairs and compliance with regulations to the tenant, it is for the tenant to ensure compliance with those regulations and not to undertake anything which may impact those. Is the landlord service a schedule of dilapidations on you? What is the issue exactly?
If there was any works undertaken by you which impacted the rating then the landlord could seek for you to undertake remedial works, they can also serve a schedule of dilapidation in respect of any repairs required and you could negotiate these. Generally however the landlord is responsible for ensuring the EPC rating of the property is efficient.
The issues only arise if the EPC rating is E or below and it cannot be let, i suspect this would not be the case unless you have undertaken any works to cause that as i said.
If the landlord serves a schedule of dilapidation on you and raises concerns about the EPC rating then you should get legal advice. You should double check the terms of your lease about the EPC if there is anything contained in the lease.
Again you need to look at the specific lease terms in relation to that.
I hope this has assisted your enquiry and thank you for using our services.