EPC - who is responsible?

[keane63]

Hi, we have a coffee shop which we have a buyer for. Our lease ran out in December and we have been rolling on. The Landlord has employed a surveyor to conduct all his business relating to HOTs, new lease, surrender of our lease, EPC, Asbestos cert, Fire cert etc etc. Things have gone wrong as hubby and surveyor are in dispute about everything. I have researched so much but still feel we are being exploited. The latest is that we have to pay for and produce both 'Fire Cert' and Energy Performance Cert. I have tackled the Fire Cert by doing the necessary fire assessment and have paperwork in order and have taken correct measures. However, I cannot find out if we are legally responsible for the EPC. The shop is part of a larger building which includes another commercial outlet, the landlord owns all of it. We just don't know where to turn for help as the surveyor will not even communicate with our solicitor now. I have until 2 September when our buyer returns from holiday to get things moving again otherwise he's pulling out. There's more issues than the EPC but this is my first point. Thanks

[Springfields]

Hi, we have a coffee shop which we have a buyer for. Our lease ran out in December and we have been rolling on. The Landlord has employed a surveyor to conduct all his business relating to HOTs, new lease, surrender of our lease, EPC, Asbestos cert, Fire cert etc etc. Things have gone wrong as hubby and surveyor are in dispute about everything. I have researched so much but still feel we are being exploited. The latest is that we have to pay for and produce both 'Fire Cert' and Energy Performance Cert. I have tackled the Fire Cert by doing the necessary fire assessment and have paperwork in order and have taken correct measures. However, I cannot find out if we are legally responsible for the EPC. The shop is part of a larger building which includes another commercial outlet, the landlord owns all of it. We just don't know where to turn for help as the surveyor will not even communicate with our solicitor now. I have until 2 September when our buyer returns from holiday to get things moving again otherwise he's pulling out. There's more issues than the EPC but this is my first point. Thanks

If you are selling then you are responsible for the associated fees including an EPC. For the prices involved - £40 - £80 I would just get it done especially if you will lose out on a sale.

[Jane Needham]

Hi

I think this all depends on what you are selling? If you are selling an assignment of your lease, then you are the responsible party for the EPC without doubt. If you are surrendering the lease, but just selling the business goodwill, and the landlord is issuing a new lease to which you have no interest in, then strictly speaking, he should be resposnible for the EPC, but in order to get your sale of goodwill with a building that the new owners are able to use then you might wish t obtain the EPC.

It is likely however that your lease will contain a clause that the tenant will bear the costs of all rates, taxes etc that are in force at the time the lease is taken, and during the lease, therefore this is what the landlord will be relying on.

Depending on your location in the UK I may be able to help further. Please contact me directly through my website.

Jane

The information provided above is based on the limited information provided and should not be relied upon without further information being provided.