New laws are coming into effect over the next few years that will affect private landlords.  

Since 1st April 2016 all domestic tenants have had the right to request energy efficiency improvements for the properties they rent.  From 1st April 2018 private rental properties must, by law, achieve an energy efficiency rating of at least E on their Energy Performance Certificate (EPC). 

The regulations will initially only apply upon the granting of a new tenancy to a new or existing tenant. However from 2020 the regulations will apply to all privately rented property which are required to have an EPC.

Key dates:

2016:

  • MEES (the Minimum Energy Efficiency Standards) is now law.
  • Tenants can request a landlord make improvements to a property and, if this can be delivered at no upfront cost, then the landlord cannot “unreasonably refuse”.

2018:

  • From April 2018 private rental properties must achieve an energy efficiency rating of at least an E on their Energy Performance Certificate (EPC). The regulations will initially only apply upon the granting of a new tenancy to a new or existing tenant.

2020:

  • From April 2020, ALL private rental properties will be required to meet Minimum Energy Efficiency Standards (MEES), and must achieve and energy efficiency rating of E or above.

2025 onwards:

  • The government has declared their wish to raise those standards further such that that the minimum standard is likely to rise to a D by 2025 and a C Rating in 2030.

An EPC is already required to let or market a property legally, but the new laws around Minimum Energy Efficiency Standards mean that an EPC of rating F and G is not sufficient for compliance. If your property does not meet the minimum standard, you cannot let or market that property within the law, and rent reviews could also be affected.

Tenants’ Energy Efficiency Improvements – 2016

Since 1st April 2016 all domestic tenants have the right to request energy efficiency improvements for the properties they rent. 

Can a residential private landlord refuse a tenants request for Energy Efficiency Improvements?

Yes. Your tenant must show that improvements can be installed with no upfront cost to you. Don’t forget there is likely to be a scheme available, either a development or replacement for Green Deal, which is intended to facilitate energy efficiency without the need for upfront costs.

Who does this apply to? 

This new regulation applies to domestic properties let under a longer term assured and regulated tenancies. 

Are there any exemptions?

If the building is exempt from an EPC then you are not required to provide consent. Landlords are also exempt if required third-party consent, such as planning, for work cannot be obtained.

Are there any penalties for non-compliance?

Yes. If a tenant considers that a landlord hasn’t complied with the regulations, they can take the case to a First-Tier Tribunal General Regulatory Chamber.

Minimum Energy Efficiency Standards (MEES) – 2018

From the 1st April 2018 changes to legislation will make it unlawful to let residential properties with an Energy Performance Certificate (EPC) with a rating of F or G.

What are the key dates?

  • April 2018- the regulations will only apply upon the granting of a new tenancy to a new or existing tenant. 
  • April 2020- The regulation will apply to ALL privately rented property which is required to have an EPC.

Are there any penalties for non-compliance?

Yes. Failing to comply with a compliance notice could result in a fine up to £5000.

Why is it being enforced?

This new legislation attempts to ensure that all tenants enjoy a right to live in an energy efficient home. It also contributes to the UK legislative targets of reducing CO2 emissions for all buildings to around zero by 2050.

Are there any exemptions?

Yes landlords are exempt if:

  • They have carried out all cost-effective energy efficiency improvements. 
  • Measures Identified by Green Deal or an alternative government scheme are not cost effective.
  • If third-party consents are not available (consent from tenants, planning authority etc).

How we can help:

It is important that a full understanding of energy efficiency is required for your property, in order to see if you are meeting MEES.  According to the government data 25% of properties in England and Wales have an E rating or below.

We can assess how energy efficient your property is and produce an EPC to ensure you have an understanding of your properties energy efficiency rating, this will help you to see where you stand and what improvements could be made, if required.

Get in touch:

Our team are here to answer any of your queries, or if you would like a FREE quotation, please give us a call on 0333 5777 577 or fill in our contact form and we will get back to you.

 

 

Get in touch:

Our team are here to answer any of your queries, or if you would like a FREE quotation, please give us a call on 
0333 5777 577 or fill in our contact form and we will get back to you.

 

CASE STUDIES

NEW GUIDANCE: Issued by the Department for Business, Energy & Industrial Strategy, February 2017