Domestic Energy Efficiency : New Law

Taken from From the 99 pages
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/669587/Do
mestic_Private_Rented_Landlord_Guidance_-_Updated_Version.pdf

 

Average Annual Cost of Energy Data shows that the average annual cost of energy for an EPC
band G property is £2,860, and £2,180 for an F rated property. This contrasts with an average
annual cost of £1,710 for an EPC band E property6 . Therefore a tenant whose home is
improved from EPC band G to band E could expect to see their energy costs reduced by £1,150
a year so long as there were no wider changes in how they use energy in the property.
(Gov.UK)
While tenants will benefits in terms of reduced energy bill spend, or through increased warmth,
comfort and the associated health benefits, energy efficiency improvements also benefit
landlords. When the Regulations were being designed, a number of landlords associations
identified a range of benefits for landlords including increased tenant satisfaction and reduced
void periods; reduced long-term property maintenance costs; and making properties more
attractive and easier to let.

Social Housing Exclusion :
The minimum standards do not apply in the social housing sector, therefore, even if a
property is let on one of the tenancy types listed above, it will be excluded from the
minimum standard provisions if it is any of the following 15:
– Low cost rental accommodation defined by section 69 of the Housing and Regeneration
Act 2008 and the landlord is a private registered provider of social housing
– Low cost home ownership accommodation within the meaning of section 70 of the
Housing and Regeneration Act 2008.
A property will also be excluded if the landlord is a body registered as a social landlord
under Chapter 1 of Part 1 of the Housing Act 1996.

The Department for Communities and Local Government (DCLG) monitors enforcement
activity through regular reports complied and submitted by these authorities.

Please note that there is no obligation to obtain an EPC on a letting of an individual non
self-contained unit within a property, such as a bedsit or a room in a house in multiple
occupation (HMO). However the property in which the unit is situated may already have
its own EPC covering that property as a whole; this could be because the property had
been bought within the past ten years, or because it had previously been rented out on a
whole-property basis. If a property as a whole has a valid EPC and that EPC shows an
energy efficiency rating of F or G, then the owner/landlord will not, from April 2018, be
able to issue new tenancies for non-self-contained units within the property until steps
are taken to comply with the Regulations.

Where a property already has a valid EPC, this EPC can be retrieved from the Domestic
Energy Performance Certificate Register:  ​https://www.epcregister.com/home.html
(unless the owner has opted out of the EPC register). You can search for the EPC by the
property’s ​https://www.epcregister.com/reportSearchAddressTerms.html
or by the EPCs report reference ​https://www.epcregister.com/searchReport.html

In all cases it is vital that a landlord understands whether their property is legally required to
have an EPC at any time from 1 April 2018, and whether it is or is not exempt from having to
comply with the minimum level of energy efficiency provisions.

The tenant should request consent from their landlord in the way specified in their tenancy
agreement. If the landlord consents, then the work will be able to proceed, subject to any
conditions which the landlord may have placed on the tenant. However, if the landlord withholds
consent (or fails to respond to the request), then the tenant may have recourse to the Tenants’
Energy Efficiency Improvements provisions (part two of the Energy Efficiency (Private Rented
Property)(England and Wales) Regulations 2015). Under these provisions tenants can request
consent from their landlord to install energy efficiency improvements in the property they rent,
and the landlord may not unreasonably refuse consent. These rights took effect from April 2016,
and are subject to the tenant securing suitable funding for the requested improvements.
Guidance on the Tenant’s Energy Efficiency Improvements provisions can be found
https://www.gov.uk/government/publications/tenants-energy-efficiency-improvements-provisions-guidance-for-domestic-landlord-and-tenants.

 

 

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