To think my landlord should obey the law re EPC?

[Boraciclint]

Any advice from renters and landlords appreciated.
I'm about to rent a flat (contracts just signed) via a 'reputable' lettings agent and have been sent the EPC (which is compulsory and says how efficient the flat is e.g. insulation, double glazing etc.). The problem is that it has expired as it is over 10 years old and is F rated, quite near to G actually which means it shouldn't be rented out at all afaik.
I've been made aware that a new law last year means that it is illegal to rent out a property that is worse then E rated and that landlords must put in measures to improve it but they don't have to spend more than £3500 doing it. The heating is very old storage heaters and the EPC says newer ones would improve the rating. They obviously haven't done anything to try to improve the rating.
Shouldn't the landlord and letting agent obey the law?
Is there anything I can do since the contract is already signed? New heaters or insulation would presumably reduce my heating bills.

Speak to the letting agents. Have they perhaps given you an old copy instead of a new one?

Maybe try shelters website?

Another one to second Shelter. Afaik, if the landlord has a mortgage not having a valid EPC is highly likely to invalidate it. I'd be too thinking seriously about finding somewhere else - at the end of the day if they're not complying with the law already the. What happens later if you have an issue or the old storage heater breaks and needs replacing?

Incase it’s a possibility and the landlords skint would you be able to get gov funding towards any of it? Some allow tenants with permission funding to get new systems or insulation free or at a small cost to landlord compared to the few thousand it would cost on its own. Usually child benefits a gateway to it.

I wouldn't take it. Lived in a rental with a low EPC rating and it was both freezing and hellishly expensive to heat.

If the Landlord was that skint that they didn't have an EPC then they should sell up. I say this as a LL. It is pure stupidity on the part of the LL and agent as a section 21 cannot be granted without an EPC in place.

No way would I be giving them money towards it. Just call up and say this must be the old one, can they please send the current one as this is out of date. It’s probably escaped their notice. If they don’t provide one then I wouldn’t be prepared to take the property on.

I'm a letting agent, they cannot rent the flat without a valid EPC. Your EPC is invalid on two counts. They could get a significant fine if they do. I wouldn't touch it with a a barge pole, if they are not abiding by this legislation what else will they cut corners on!

There are a few exemptions that mean a LL can still rent out a property with an F or G rated EPC. If the building is listed for example and restrictions mean that it can't be changed.

However, an up to date certificate should still be issued.

Have you checked the EPC register to see if a more up to date one is showing on there?

Walk away. If they've done nothing to improve the rating maintenance will likely be an ongoing problem.

I wouldn't think it matters that the contract has been signed as legally it cant be rented below an E. Unless it's a special case.

I've now checked the EPC register and there is only the old report on there with an 'expired' watermark through it so there is definitely no new one in place.

I'm hoping that the letting agents, who've been pleasant and professional, and the landlord (which is so far just a company name that I've seen on the contract) have simply missed this accidentally as the previous tenants were apparently there for a few years. I just wanted to understand whether they HAVE to put it right before saying anything to them- I don't want to seem like a difficult tenant .

It would be quite hard to walk away at this stage as it will be too late to find somewhere else and go through referencing etc. in time. We've been going through the application process for a few weeks, the contracts are signed, holding deposit paid and we're due to pay the deposit and first month's rent and collect the keys early next week.
Now I understand the regulations properly (thanks everyone), what I really want is for them to update the heating and/ or insulation before the weather turns colder.

I'll contact Shelter and see what they say. I worry we'd lose our holding deposit as a minimum if we pulled out now if even we could find somewhere else straight away, and as the contract has already been signed by the LL and us I wouldn't want them to come after me for rent for the year.

Is it pretty unusual for LLs not to bother with this law?

I think it's not unusual for LL who have long term tenants to not know about it as it only came in as a requirement under a decade ago, but I'm not aware of anyone who is aware of EPCs not renewing.as an individual, it might bedown to being overlooked due to difficult family circumstances but as you say it's a corporation, that would be unlikely. Nothing about this is sounding good tbh

Be careful if you haven't got time to find anywhere else. Check they can't cancel the contract before you move in. If you think you can find a different place, raise the issue now. If too late too find somewhere else, move in first then get advice from Shelter or CAB.

I contacted the letting agent yesterday morning and mentioned the expired EPC and within 2 hours they had sent someone round , produced a new report and emailed it to me! But I don’t think there will be any heater upgrades or insulation as the new EPC has given it an E rating 🤨 (the previous one was F). At least they responded very quickly which is a good sign.