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Can you say no to an energy assessment by a landlord?

55 replies

Pollypocket89 · 24/07/2021 16:32

Hi

My sister lives in a rented house and is vulnerable in terms of covid. She's had someone at her door today telling her the landlord sent them to do an energy assessment on the house.

She told them she's not comfortable at all letting someone in and she's now really worried that she has to let them do this?

Shes moving in a couple of months anyway so I'm thinking it surely can wait

OP posts:
NavigatingAdolescence · 24/07/2021 16:32

Aren’t they usually done before a house goes on the market?

weeme02 · 24/07/2021 16:34

The landlord should be telling her first that someone is to be coming along to the property. That person turning up at the door could be anyone. She should tell the landlord her reason for not wanting anyone to come into the property and see what they have to say

Cheesecake53 · 24/07/2021 16:35

I would not let anyone in unannounced. The energy certificate had a deadline that I think has passed, so I assume the landlord should have done it by now - possibly before she moved in. Is there any kind of sticker under the fuse box? When I had an energy inspection at the beginning of the year they put a sticker under mine with date of the inspection.

BlatantlyNameChanged · 24/07/2021 16:36

She doesn't have to allow access to anyone as she has the right to quiet enjoyment of the property, she is within her rights to tell the landlord no assessments (or viewings or photographs, etc) until after she moves out and the landlord regains possession of the property.

BaronessBomburst · 24/07/2021 16:36

It's a legal requirement; the landlord doesn't have any choice and the deadline dates are set out by the government.
Can she put in writing to the landlord that she's refusing access? Then they won't get slapped with a fifty grand fine for non-compliance and they can do it when she moves out.

Pollypocket89 · 24/07/2021 16:36

She's got the safety certificate. The note said energy assessment

I don't think it was nice just turning up either

OP posts:
Sparklesocks · 24/07/2021 16:37

The landlord should tell her if they want to have anyone round for servicing/assessments etc.

Pollypocket89 · 24/07/2021 16:46

Well exactly, not sure why anyone would think you'd let a strange man into your house

OP posts:
MotionActivatedDog · 24/07/2021 16:48

Sounds like someone chancing their luck. Did she contact the landlord to confirm they were sent by them?

Pollypocket89 · 24/07/2021 16:50

The note did say the correct letting agent who is in charge so I think it's legit but I don't think it's a good way to operate.

As you don't have to allow viewings etc and it's not a safety requirement, it seems like she should be able to say no?

OP posts:
nellly · 24/07/2021 17:17

I rent out my house because when I moved in with Dh I wasn't ready to give up my security, there was a change in the law recently that electrical inspections are now
Mandatory and you couldn't wait until current tenant moved out,
There are legal situations where you can give notice and enter the property and I think this is one of them. I didn't need to check though because like a normal person I had a chat with my tenant. Explained and asked when they wanted it done and if they would prefer to wait in for me to do it.
Sounds like they've handled it terribly!

Pollypocket89 · 24/07/2021 17:19

Again, it's not an inspection or a safety requirement

It's an energy assessment... So they can see if they're entitled to government grants, apparently

OP posts:
nellly · 25/07/2021 07:59

Ah I see what you mean, they might be able to refuse then. The problem really is the communication though, god knows why you would just send someone round unexpected.
If landlord can get energy saving measures at reduced cost that's probably beneficial for all concerned but it seems an odd way to handle it!

Sargass0 · 25/07/2021 08:22

If it's for the energy performance certificate (which is a legal obligation for the landlord) then she should have been given notice about.

It is still her choice whether to let them in though and if she doesn't LL can apply to court for an injunction to allow access.

Might be best for he just to have a friendly chat and negotiate a convenient time for this.

Sargass0 · 25/07/2021 08:26

Sorry missed the bit about the grant- it might be that the current EPC does not meet the legal requirements and landlords can access certain grants to bring the home up to a acceptable standard which they are legally obligated to do.

BadgertheBodger · 25/07/2021 08:28

Energy Perfomance Certificates last for 10 years, it may be the current one has expired and needs renewing. It’s a legal requirement for the landlord to have one and it can’t be below an E rating for a rental.

They shouldn’t have just sent someone but surely allowing access for legally required certificates is part and parcel of renting? If she’s really not happy to let anyone at all in then she can put in writing to landlord and see how she gets on.

howrudeforme · 25/07/2021 08:34

The EPC is now a legal requirement. The one I had (from the seller) was not up to scratch for renting

suggestionsplease1 · 25/07/2021 08:34

The EPCs are still a legal requirement for landlords and have an expiry date, so if the present one is expiring they are obliged to get a new one carried out.

They should have given notice first and tried to establish a convenient time for this to be done however. It only takes 15 minutes or so. If she doesn't want to be present the agent for the property or the landlord could be there instead whilst she goes out.

I guess she could refuse and put it in writing, I'm not sure if it's worth putting a landlord offside like that however. Hopefully they are a good one and not looking for ways to hold onto deposit.

howrudeforme · 25/07/2021 08:35

However, I got the contractor to call the tenant directly to arrange an appointment.

tallduckandhandsome · 25/07/2021 08:45

No, she was right to turn them away.

Sh doesn’t have to let them in, they can omit in 2 months time.

tallduckandhandsome · 25/07/2021 08:45

Do it not omit

Treacletoots · 25/07/2021 09:00

Its infuriating that some landlords here just don't bother communicating with their tenants, (or the letting agent doesnt)

I have a great relationship with my tenants. If they've any issues, we work to fix them quickly, and likewise if we need access to do anything, they're more than helpful. We also send them a present at Christmas for their kids, and haven't raised their rent since they moved in and don't intend to either.

If landlords/letting agents/tenants just bloody spoke to each other we'd likely avoid a ton of issues we see when each take offence from every little action, like for example, an EPC certificate.

Yes, the landlord/agent should have arranged it with them in advance. No they're not being unreasonable trying to comply with a legal requirement. The tenant is being unreasonable continuing to deny access if they now know it's a legal requirement. It's a bit of 50/50 here isn't it.

Pollypocket89 · 25/07/2021 09:09

I don't know why pp keep mentioning legal requirements. I've said in almost every post that it's not the safety certificate etc, it's an energy assessment

You say continuing to deny access... My sister had a random man knocking at her door with no previous communication. Hardly denying access when she hadn't got a clue and is vulnerable with covid

OP posts:
ComDummings · 25/07/2021 09:11

@BlatantlyNameChanged

She doesn't have to allow access to anyone as she has the right to quiet enjoyment of the property, she is within her rights to tell the landlord no assessments (or viewings or photographs, etc) until after she moves out and the landlord regains possession of the property.
This ^^^
Sargass0 · 25/07/2021 09:23

@Pollypocket89

I don't know why pp keep mentioning legal requirements. I've said in almost every post that it's not the safety certificate etc, it's an energy assessment

You say continuing to deny access... My sister had a random man knocking at her door with no previous communication. Hardly denying access when she hadn't got a clue and is vulnerable with covid

Energy performance IS a legal requirement
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