Initial phone call actions
1. Service request received, or MEE’s data identifies property. Contact the tenant to make appointment and establish the date that the tenancy started and the type of tenancy.
2. Check the EPC register to see if an EPC exists for the property. If there is no EPC or the EPC is an F or a G load MEES template (HLB) onto the action diary this will be in addition to the service request template. If EPC is present and above an E use HZZ code and state EPC checked. Also the exemption register if the property is found to have an EPC of F or G.
If an EPC is found, make a note on the text button of the premises screen. Ensure it is also dated.
3. If there isn’t a current EPC contact the landlord to request the valid EPC from when the property was let to the current tenant. Use the standard letter template.
If the landlord does not provide an EPC within 7 days go to point 6.
4. If an EPC exists for the property and it is an E or above if it is 12-months or older No further action.
5. If the EPC is less than 12-months old go to point 8.
6. If there isn’t an EPC go to point 8.
7. If the EPC is below an E - and is F or a G go to point 8.
8. Get a land registry search and serve a notice under regulation 37 - Compliance notice and covering letter. The purpose of this notice is to establish if the property has been let in the past 12-months without an EPC or with an EPC of below an E. A minimum of 1 month must be allowed for the documents to be submitted.
9. Documents received within the specified timescale and are satisfactory. No further action.
10. Documents not satisfactory, misleading or false information provided or not received at all. You now need to determine which notices to serve. There is a maximum of £5,000 combined total for the notices you can serve for each property. Therefore, some of the penalty will be reduced in line with this cap.
Note that if there is no EPC existing then we cannot use these regulations to enforce the landlord to obtain an EPC or to serve a penalty for not having an EPC use standard letter template - see point 3. If we can demonstrate that the tenant was not provided with a copy of the EPC at the start of the tenancy and this is within 6-month from the tenancy start date this needs to be forwarded to Trading Standards send to this email address HullTradingStandards@hullcc.gov.uk including the following information -
- a copy of the tenancy
- confirmation from the tenant that they did not receive or see an EPC at the start of the tenancy via email from tenant, or confirmation from ourselves explaining we have spoken to the tenant and that no EPC was given at the start of the tenancy
Allow for Reg 37 to expire after at least 28 days from date of serving, then think about serving the following -
11. Regulation 38 (1) (a) prohibition on letting substandard property - Maximum £2000 if let for less than 3-months and publication of a penalty.
12. Regulation 38 (1) (a) prohibition on letting substandard property - Maximum £4000 if let for 3-months or more and publication of a penalty.
13. Regulation 38 (1) (c) failure to comply with compliance notice - Maximum £2000 and publication of a penalty.
14. Regulation 40 False or misleading information - Maximum £1000 and publication of a penalty.
Note - Once you are at the point of requesting a sundry invoice you must ensure that you include in your request to HS Finance the following information PCN- MEES. This will allow finance and legal services to ensure all necessary actions are completed for a land registry to be secured against the property.
15. If the landlord does not agree with the penalty notice they can ask the local authority to review its decisions. The request for a review must be received in writing within 21 days of the service of the penalty. Landlords must provide reasons for why they want to have the penalty notice reviewed. Once the review has been completed a notice under Regulation 42 is served to either uphold the review or reject the review. This review must take place within 21 days. This is to be completed by a PEHO.
The reasons to quash a penalty are -
- new evidence shows a breach has not occurred
- a breach has occurred, but evidence shows the landlord took all reasonable steps to avoid the breach
- it is decided that because of the circumstances of the case, it was not appropriate to issue a penalty
16. Landlords can apply to the First - tier tribunal (General Regulatory Chamber) within 28 days of the service of the regulation 42 notice of the review.