Q&As

Can a tenant agree to complete a new, commercial, short term lease of serviced offices without an EPC? Despite the EPC having been requested and currently pending. If so, are there any precautions the tenant must take on completion?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 25/04/2016

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a tenant agree to complete a new, commercial, short term lease of serviced offices without an EPC? Despite the EPC having been requested and currently pending. If so, are there any precautions the tenant must take on completion?

Can a tenant agree to complete a new, commercial, short term lease of serviced offices without an EPC? Despite the EPC having been requested and currently pending. If so, are there any precautions the tenant must take on completion?

The EU introduced regulations in 2002 designed to improve the energy performance of buildings, and one of the requirements was the introduction of Energy Performance Certificates (EPC). The EU regulations were implemented in England and Wales by a series of statutory instruments. The key current regulations are the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) (the ‘EPC Regulations’) as amended.

The EPC Regulations affect both residential and commercial property. Although there are various exemptions to the requirement to obtain an EPC, we assume that the property in question is not one which is exempted from falling within the EPC Regulations.

There are three obligations imposed where there is a sale or letting (a sale includes the assignment of an

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