Landlords failure to provide Energy Performance Certificates.

Roedd y cais yn llwyddiannus.

Dear East Sussex County Council,

This request under The Freedom of Information Act was made to eastbourne Borough Council in the first instance.

https://www.whatdotheyknow.com/request/l...

Since you are responsible for the regulation and prosecution for these requirements, I shall be grateful if you will supply information for each of the last three years as follows:

1) How many cases have been discovered where landlords have failed to obtain Energy Performance Certificates for rented properties?

2) How many landlords have been fined for these failures?

3) How much have the fines amounted to each year and how much was collected?

4) What steps are being taken to monitor Energy Performance Certificates being obtained for rented properties?

5) Have any landlords beeen prosecuted, and, if so, how many?

Yours faithfully,

Susan Christie

Freedom of Information, East Sussex County Council

 

 

Dear Ms Christie

 

EIR Request ref:  4142 /Energy  Performance Certificates

 

Thank you for your request for information about the above. Your request
was received on 30/06/2014 and I am dealing with it under the terms of the
Environmental Information Regulations 2004.

 

We always aim to respond as quickly as possible, and in this case will do
so no later than 28/07/2014, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

 

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Janice Evans

Customer Information Adviser

 

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
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References

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1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

 

Dear Ms Christie

 

EIR Request ref:  4142 /Energy  Performance Certificates

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000. Your
request and our response are set out below. Please note that any
information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

This request under The Freedom of Information Act was made to eastbourne
Borough Council in the first instance.

 

[1]https://www.whatdotheyknow.com/request/l...

 

Since you are responsible for the regulation and prosecution for these
requirements, I shall be grateful if you will supply information for each
of the last three years as follows:

 

1) How many cases have been discovered where landlords have failed to
obtain Energy Performance Certificates for rented properties?

 

2) How many landlords have been fined for these failures?

 

3) How much have the fines amounted to each year and how much was
collected?

 

4) What steps are being taken to monitor Energy Performance Certificates
being obtained for rented properties?

 

5) Have any landlords been prosecuted, and, if so, how many?

 

RESPONSE

 

1.       This Service has historically focused on bringing Estate/ Letting
Agents into compliance with the requirements of EPCs. This is through a
process of both proactive and reactive work. The Estate agent/letting
agent is required to ensure that one is provided if they are marketing the
property and therefore our focus has been on them. Our visits to these
traders do not record the individual number of landlords who have failed
to obtain an EPC.

 

2.         Only a court can issue a fine. EPCs are not enforced with
fines, but with the use of Penalty Charge Notices.

 

3.       Not applicable due to answer for Question 2

 

4.       This Service is primarily intelligence led, so we will look into
complaints from members of the public or traders concerning landlords
failing to obtain EPCs. We are currently working with some of our 
District & Borough Councils to identify non compliance of EPCs within the
private rented sector.

 

5.       Landlords do not get prosecuted for failure to have an EPC, it is
dealt with by the issuing of a Penalty Charge Notice

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.

or by email to him at [2][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [3]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [4][East Sussex County Council request email]   web: [5]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email

 

 

 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2005, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. https://www.whatdotheyknow.com/request/l...
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.org.uk/
4. mailto:[East Sussex County Council request email]
5. http://www.eastsussex.gov.uk/foi