F1SCHEDULE 9ASTANDARD CONTRACTS: RESTRICTIONS ON GIVING NOTICE UNDER SECTION 173, UNDER SECTION 186, AND UNDER A LANDLORD'S BREAK CLAUSE

PART 1THE RESTRICTIONS

F2Failure to provide valid energy performance certificate

3A.

(1)

This paragraph is incorporated as a term of all standard contracts which—

(a)

are mentioned in paragraph 7(1), and

(b)

relate to a dwelling in relation to which regulation 6(5) of the EPB Regulations (requirement to give tenant a valid energy performance certificate) applies.

(2)

A landlord may not give notice at a time when the landlord has not complied with regulation 6(5) of the EPB Regulations.

(3)

For the purposes of this paragraph, it does not matter when the valid energy performance certificate was given (and nothing in this paragraph requires that a new energy performance certificate be given to a contract-holder when a certificate given to that contract-holder in compliance with that regulation ceases to be valid under the EPB Regulations).

(4)

In this paragraph—

“the EPB Regulations” (“y Rheoliadau PYA”) means the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118);

“valid energy performance certificate” (“tystysgrif perfformiad ynni ddilys”) is to be interpreted in accordance with the EPB Regulations.