Minimum Energy Efficiency Standards

As from the 1st April 2018 there will be a requirement for any properties rented out in the private rented sector to normally 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 of up to £4,000 will be imposed for breaches.

For most landlords this will mean that they will no longer be able to rent out a property with a rating of F or G after April 1st 2018. As such landlords with properties in this EPC bracket should begin preparing now for April 1st.

However, only appropriate, permissible and cost-effective improvements are required under the regulations. Landlords will be eligible for an exemption from reaching the minimum standard where they can provide evidence that one of the following applies:

-     They have undertaken those improvements that are cost-effective but remain below an E EPC rating. As currently defined cost-effective     measures are those improvements that are capable of being installed within the Green Deal's Golden Rule. This ensures that landlords will not     face upfront or net costs for the improvement works. However, the scope of this exemption is under review and may be replaced by a cost cap.     The improvements that must be considered are all the relevant energy efficiency improvements as required for the property contained in the     Section "Improvements which can be required" at the end of this Guidance

-     Where they are unable to obtain funding via the Energy Company Obligation (ECO), Green Deal Finance or local authority grants. The landlord     is required by a contractual or legislative obligation to obtain a third party's consent or permission to undertake relevant improvements relating     to the minimum standard, and such consent was denied, or was provided with unreasonable conditions

-     Measures required to improve the property are evidenced by a suitably qualified independent surveyor, for example from the Royal Institution     of Chartered Surveyors (RICS), as expected to cause a capital devaluation of the property of more than 5%. Only those measures that are     expected to cause such devaluation would be exempt from installation

Where a local authority suspects that a landlord with a property in scope of the regulations is not compliant, or has not sufficiently proved an exemption, the local authority can serve a compliance notice on the landlord requesting further information it considers necessary to confirm compliance. If it is not provided, or is provided and is not sufficient to provide compliance, the local authority may proceed to issuing a penalty notice.

Penalties for a single offence may be cumulative, up to a maximum of £5,000. Further penalties may be awarded for non-compliance with the original penalty notice where a landlord continues to rent out a non-compliant property; however, penalties would be cumulative up to a maximum of £5,000.

If you have you any questions in relation to the regulation change don’t hesitate to contact me in our Daventry Branch.