Missing Energy Performance Certificate causes auction dispute

What happened?

Ellen decided to sell her property through auction. She claimed that the Auctioneer agreed to arrange the EPC on her behalf, but this was not completed.

Energy Performance Rules

Under the Energy Performance of Buildings (England and Wales) Regulations 2012, an EPC is required before a property is marketed for sale or rent. Sellers who fail to provide one can be fined up to £200.

Documents showed that the business had given Ellen the option to have them arrange the EPC. The signed contract confirmed that Ellen selected this option.

As the selling agent, they had a duty to ensure the EPC was in place before marketing the property. However, the EPC was never obtained.

What the investigation found

While the investigation found that the business failed to comply with its obligations, which prohibit marketing without a valid EPC, it could not be proven that the absence of the EPC directly reduced the sale price.

Outcome  

The missing EPC caused Ellen unnecessary aggravation, and the dispute was supported.  The adjudicator advised the parties that a compensation award of £300 would be an appropriate amount to settle the dispute.

Please note that all names in this case study have been changed to maintain anonymity.