EPC Factual Marketing Requirements for Letting Agents
As a Lettings Manager based in Cheltenham I have done my best to keep up to date with the governments Green regulations such as the requirement for Energy Performance Certificates held against marketed properties. Not only that but we have ensured that some of the most vital data is displayed on our website to assist prospective tenants.
The whole issue of EPC documentation and its position in marketing has been an irritating one for most agents and landlords. We love to assist tenants however in the whole time this system has been in place I have only had two tenants take any interest in this report. The obvious conclusion is that in regards to the lettings industry the system is an unnecessary waste of agent time and client money. The law is however the law at the end of the day.
We were recently visited by two pleasant agents of the Trading Standards office to investigate our management of the EPC protocols and ensure we were compliant. Fortunately we were actually probably going beyond our requirement in some aspects and just meeting them in others. They informed us that many agents had not been so fortunate and now face fines for them or their clients (clients who would then likely sue the agent for failing to protect them).
So what is the actual requirement of a letting agent in respect to these documents?The letting agent must show every prospective tenant the full complete report prior to the completion of an initial viewing appointment. This can not be only the graph section; it must be the full completed report.
1. Though the requirement is actually that the Landlord is responsible for the production of this document to a prospective tenant the fact is that this is a part of the letting agents duty of care to the landlord. If the letting agent fails the landlord and causes them to be fined they are left open to being sued for the fine (and losing the client no doubt).
2. The letting agent is not required to display the results of an EPC on their website or on any website. The EPC does not have to be displayed with any form of marketing they use (this differs if a floorplan is displayed) . Though a graph can be placed on portals this is not required and does not meet the requirement of the law on proving an EPC.
3. The letting agent can have the complete document available online and then direct prospective tenants to a location where the entire document can be viewed electronically. The prospective tenant must agree that they are satisfied with this rather than seeing a hard copy.
4. The person carrying out the EPC evaluation must be correctly trained and registered. Further to this they must also log each EPC with ‘Landmark’ to make it legally valid. For this the pay a fixed fee to Landmark on each EPC.
5. The letting agent has a duty of care to the landlord to ensure each EPC has been registered with Landmark and is thus valid. The fact that many EPC assessments are now offered at around £40 suggests that most of them have never been registered. This means the person carrying them out is likely committing fraud.
6. EPC documents once registered with Landmark are valid for ten years or until the property has been modified in some significant way.
7. Though I must emphasise here that the possible fines involved are nearly always attributed to the landlord, it is to be made clear that in the majority of cases a landlord could successfully sue an agent if fined.
The bottom line of this is that there are three actions the letting agent should take from this point onwards. Firstly it is necessary to ensure that you hold a full and complete report for any EPC that has been carried out. Secondly each report should be checked with Landmark that it is registered and valid in all respects. Lastly in the morning when a negotiator grabs their keys they should also grab a pile of EPC documents to take out on the respective viewing appointments.
The good news is that you can save some time with marketing procedures by simply ditching the online display of these documents on various websites, should you feel that appropriate.
Bruce Fenton
Sales & Marketing Manager
Bruce@MustHavePads.com
07725 614828
tags: cheltenham,
energy performance certificate,
epc