Lincolnshire Landlords Newsletter Issue 22 - Tenants Energy Efficiency Improvement Provision
These regulations took effect from April 2016 and give domestic private rented sector tenants the right to request consent from their landlord to install energy efficiency improvements in the property they rent, and the landlord cannot unreasonably refuse.
The regulations form part of the Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
A guide has been produced to give an overview of the steps a tenant must take when preparing a consent request for their landlord, the steps a landlord must take when considering a tenant’s request (including details of the situations where a consent request may be declined), and the process a tenant should follow to appeal a landlord’s decision.
Key steps a tenant must take when preparing an energy efficiency consent request:
· checking their tenancy type,
· deciding which energy efficiency improvements they wish to make,
· securing appropriate funding, and
· compiling the necessary evidence and preparing the written request.
Key steps a landlord must take when considering an energy efficiency consent request:
· deciding whether there are any grounds under which they could reasonably refuse consent,
· deciding whether they need to obtain additional advice or evidence before making a decision,
· deciding whether they require third part consent before consenting to the tenant’s request, and
· deciding whether they wish to make a counter proposal.
The guide can be found at this link:
From April 2018, under Part 3 of the Regulations, all properties rented out in the private rented sector must have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). The regulations will come into force for new lets and renewals of tenancies with effect from 1st April 2018 and for all existing tenancies on 1st April 2020.
It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption. A civil penalty will be imposed for breaches.
In Lincolnshire it is estimated that over 26% of the private rented stock has an EPC rating of ‘F’ or ‘G’ and this could have a major impact on the sector. Further details will be issued in due course.
