Compliance and Risk

Compliance and RiskLegal and ContractsFAQProperty

Property

Does the University need to obtain an Energy Performance Certificate for its residences, both on and off campus?
As a general rule, an EPC is required whenever a building (which can be the whole of a building or part of a building where that  part is designed or altered to be used separately) in the social or private rented sectors is let to a new tenant.

However, an EPC is only required for a dwelling that is self-contained, meaning that it does not share essential facilities such as a bathroom wc or kitchen with any other dwelling, and that it has its own entrance. So, where individual rooms in a building (eg a hall of residence) are rented out and there are shared facilities (eg kitchen and/or bathroom), an EPC is not required, (although one would be required if the whole building were sold or rented).  Accordingly, where students rent rooms in a hall of residence or a university house, an EPC is not required for each individual room. However, care should be taken not to rent the whole property to a group of students under one tenancy agreement, as this would give rise to the need for an EPC. Also note that an EPC will be required in relation to a self-contained unit within the hall of residence, for eg a caretaker’s flat, in the event that this is sold or rented.

EPCs are valid for ten years and can be reused for new tenants as many times as required within that period.

Also note that Display Energy Certificates (DECs) are required to be displayed in larger buildings occupied by a public authority or an institution which provides public services to a large number of persons and is frequently visited by those persons.  A number of the University’s larger buildings may therefore be required to display DECs

What rights of security of tenure are there for tenants under the Landlord and Tenant Act 1954 and do these always apply?
Under Part II of the Landlord and Tenant Act 1954 a tenant of business premises generally has security of tenure, namely a right to renew its lease at the end of its term.  This security of tenure does not apply in the following circumstances:-

  • Where the parties have agreed to exclude the provisions of the 1954 Act.  It used to be that such exclusion had to be approved by court order. The law has now changed so that security of tenure can be excluded by the landlord serving at least 14 days notice on the tenant or by the tenant swearing a statutory declaration before an independent solicitor confirming that he agrees to the exclusion.  The latter method can be used at any time up to completion of the lease.
  • In the event that the Landlord can challenge the tenant’s request for a new lease, when the current lease expires. The Landlord must prove one of the grounds under the Act to do this. Such grounds include, for example, that the landlord intends to redevelop the premises or the Landlord intends to occupy the premises for its own business. The tenant may be entitled to compensation

Take care where the landlord is to enjoy a break clause in the lease as this will be rendered invalid if the Act is not excluded

What are Home Information Packs and when are they needed?
Since 14 December 2007 every home put on the market, no matter what size, must have a Home Information Pack. It is a legal requirement to have a HIP and you can't market your property without one. The HIP is made up of required (compulsory) and authorised (optional) items. There should not be any marketing or advertising material in the pack.  Certain documents must be contained in the Pack and these are :

  • Home Information Pack Index
  • Energy Performance Certificate (EPC)
  • sustainability information (required for newly built homes only)
  • sale statement
  • evidence of title from the Land registry
  • standard searches (local authority and drainage and water)
  • leasehold/commonhold documents where appropriate

What can I find out at the Land Registry online about a property?
On 13 October 2003, the Land Registration Act 2002 and Land Registration Rules 2003 came into force. They have completely replaced the law for land registration and are the first major overhaul of the land registration system for 75 years.

Information about a property is available to the public under the Freedom of Information Act 2000.  From the registers of title (which are available online), you can discover who owns a property, the extent of the property (its boundaries are shown on the filed plan), the price paid for it, whether it is subject to or has the benefit of any rights, covenants or other restrictions and whether it is subject to any charges/mortgages.  The land registry can also provide average prices for the area in which the property is situated.

Disclaimer

The information in these Frequently Asked Questions does not constitute legal advice and should not be relied upon as such. Any queries regarding the University’s legal position in any particular circumstance should be referred to Legal Services.