Private Rented Minimum Energy Efficiency Standards
Private Sector Tenants Right to Request Consent to Energy Efficiency Improvements.
From 1st April 2016 private sector tenants will be able to request
consent from their landlords to carry out energy efficiency improvements to
privately rented properties. The landlord will not be able to unreasonably
It is the responsibility of the tenants to ensure that the works are
funded and the intention is that no upfront costs should fall on the landlord,
unless the landlord agrees to contribute.
There are separate regulations requiring properties to be brought up to
an E rating on an Energy Performance Certificate (EPC) which are effective from
the 1st April 2018.
When can a tenant request consent to
energy efficiency improvements?
The regulations apply to the domestic
private rented sector in England and Wales.
let under an assured tenancy or a tenancy or shorthold which is a
regulated tenancy for the purposes of the Rent Act 1977.
let (a) on a tenancy which is an assured agricultural occupancy (b) on a
protected tenancy within the meaning given in the Rent (Agricultural) Act
1976, or (c) on a statutory tenancy within the meaning of the Act.
Any property within the definition of a
domestic privately rented property is within the scope of the tenant's rights
regulations, regardless of whether the property has an EPC at the time of the
tenant making a request.
However, where a building would not be
within the scope of the EPC regulations, a landlord would not be required to
provide consent to improvements. Such situations include where the building has
the required and evidenced permissions for demolition; or where the building is
a temporary structure with an evidenced and planned time of use of two years or
This means any energy efficiency
improvement which qualifies for the Green Deal and it also extends to
installing a gas supply in an off gas property where the mains are within 23
metres from the property.
Nature of the request
The request is for the landlord to give
consent to the carrying out of specified works. This extends not just to the
immediate landlord but also, in the case of leasehold properties, to a superior
landlord as well as the freeholder. Consent must not be unreasonably refused by
any of them. Consent is widely defined so that it is not just for permission
under the terms of a tenancy agreement, e.g. a consent to alterations clause,
but it can extend to asking for a right to carry out work, e.g. work outside
the boundaries of the property which is let. This is particularly important in
the case of a block of flats.
Click here to view the tenants request process
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