Energy performance certificates: lease clauses: service charge
This clause is no longer available. We have removed it from the site.
Following the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) coming into force on 9 January 2013, the EPC regime requires an EPC to be supplied to a new tenant free of charge.
We were of the view that there was a possibility that, if the service charge allows for the billing (to all tenants, including new ones) the cost of getting the EPC that was supplied to (the new) tenant, then the landlord has charged that tenant the cost by the back door, which regulation 6 of the EPB 2012 prohibits.
For other clauses that may be useful in relation to EPCs, see Standard clauses and drafting notes, Landlord and tenant, Energy performance certificates.