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An energy performance certificate has been required on all rented property in England and Wales since 2008 and from 1st April 2016 as part of the Energy Efficiency (Private Rented Property) (England) and Wales) Regulations 2015 tenants became able to apply to the landlord either for them to a) make energy-saving improvements to the property or b) for consent to be granted by the landlord for the tenant to carry out energy efficiency improvements themselves. Any refusal by the landlord to grant consent to either request requires a good reason.

There are however some instances in which a landlord can refuse permission for improvements to be made, such as:

  1. The tenant made a request within the preceding six months and the landlord complied;
  2. The improvement is the same, (or substantially the same) as one which the landlord proposed within the preceding six months but which the tenant either refused or failed to respond to.

From April 2018 it became illegal to both market and rent a property with a rating of less than F or G. Existing tenancies will not be able to be renewed from 1st April 2020 for the same reason and from 1st April 2023 this will apply to all existing tenancies in addition to any new ones that may be granted. So any rentals that still fall in the ‘F’ and ‘G’ performance category will place those landlords in regulatory breach (unless there is an exemption). A civil penalty of up to £4,000 will be imposed for such breaches.

Note: These regulations will not however apply to lettings of less than 6 months or long leases above 99 years.

Property Exemptions

A property will also be exempted if it has:

  1. Already had energy saving measures put in place or no such measures can be undertaken;
  2. Third party consent is unobtainable from parties such as planning departments, mortgage lenders, superior landlords or in instances where consent to access the property is not given;
  3. When any independent surveyor states that such energy upgrades would reduce the property value by more than 5% or cause damage.

 

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