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Private Rented Minimum Energy Efficiency Standards

Don't Wait to Insulate

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 refuse consent.

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.

This means:

  • Properties let under an assured tenancy or a tenancy or shorthold which is a regulated tenancy for the purposes of the Rent Act 1977.
  • Properties 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 less.

Improvements covered

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

Your Private Rented Minimum Energy Efficiency Standards Questions Answered

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