The Government would like all residential landlords to make their properties as energy-efficient as possible. To facilitate this the government has changed the law as follows:
From 1st April 2016
Tenants now have a legally enforceable right to request that their landlord allow energy efficiency improvements to be made to their property. If the landlord doesn’t deal with the request or unreasonably refuses it, they can find themselves before the First-tier Tribunal General Regulatory Chamber. Fortunately for landlords, they will be able to access financial support through schemes such as the Green Deal and the Energy Company Obligations and will only have to carry out “cost-effective” improvements. Unfortunately for landlords, carrying out energy efficiency improvements can be disruptive and can, if not carried out correctly, result in serious property damage. Landlords are encouraged to seek legal advice on receipt of such requests from their tenants.
From 1st April 2018
It will be unlawful for a landlord to grant a new residential tenancy for a property with an energy efficiency rating of below “E”. Currently all properties must have an Energy Performance Certificate (EPC) which rates the property on a scale of “A” to “G”. Letting out a property with a rating of “F” or “G” could result in a fine of up to £5,000.00 by local authorities.
Landlords of older, draughtier properties are likely to struggle and face significant expense in attempting to meet the minimum “E” rating. Landlords of leasehold properties are also likely to face additional costs and have to obtain additional consents. Occupying tenants who remain in occupation after 1st April 2018 could also cause their landlord to be in breach of this new law if they refuse their landlord access to carry out the necessary energy efficiency improvements. Again, landlords should bear in mind that carrying out energy efficiency improvements can be costly, disruptive and can, if not carried out correctly, result in serious property damage. Fortunately there are exemptions for landlords which can allow them to escape the above potential difficulties. For more information and advice please contact us.
How we can help
Should you need expert legal advice regarding any of the above or other property law matters, please contact us at Bromleys Solicitors on 0161 330 6821 or email Paul Westwell on pwestwell@bromleys.co.uk
Alternatively, you are welcome to attend any of our free legal surgeries. Please click here for dates and times – No appointment necessary.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.