The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015 provide that from April 2018, landlords of privately rented domestic and non-domestic property in England or Wales must ensure that their properties reach at least an Energy Performance Certificate (EPC) rating of E before granting a new tenancy to new or existing tenants.
The following exemptions are listed in the guidance:
- Where all the ‘relevant energy efficiency improvements’ for the property have been made (or there are none that can be made) and the property remains sub-standard
- Where a recommended measure is not a “relevant energy efficiency improvement” because the cost of purchasing and installing it cannot be wholly financed at no cost to the landlord
- Where third-party consent cannot be obtained
- There are also provisions relating to the circumstances in which cavity wall insulation, external wall insulation systems, and internal wall insulation systems should be installed
"A Landlord is only required to make improvements to an F or G rated property to meet the minimum standard if they can do so at no cost to themselves. No cost funding can come from a range of sources, primarily (but not limited to):
- Green Deal Finance
- ECO help to heat funding
- Local Authorities home energy efficiency grants"
Where a valid exemption applies, landlords must register the exemption on the national PRS Exemptions Register.
When registering a ‘no cost’ exemption on the PRS Exemptions Register a landlord may provide a self-certified narrative explanation for why no suitable funding could be obtained to fully cover the cost of installing an improvement. However a landlord may also upload additional supporting evidence if they feel this would be helpful.
Supporting evidence demonstrating that a landlord has been unable to access suitable ‘no cost’ funding could include:
- Written advice from a Green Deal Provider setting out that Green Deal funding is unavailable to cover the cost of a measure, or that it is only available to partially cover the cost
- Advice from an energy supplier or the Energy Savings Advice Service confirming that ECO funding is unavailable to fully cover the cost of installing a recommended improvement
- Advice from a Local Authority confirming that no landlord grants are available to cover the cost of making improvements.
Note that exemption will not excuse a landlord from the existing obligation, under the Housing Health and Safety Rating System (HHSRS) to maintain that property in a safe and ‘healthy’ state.
Note also that the the minimum standards do not apply in the social housing sector.
Local authorities will enforce compliance with the domestic minimum level of energy efficiency.
Enforcement authorities can choose which function they wish to use to enforce the minimum standards regulations – for example they may decide to use Trading Standards Officers or Environmental Health Officers. However, it is ultimately up to individual Local Authority as to how they wish to enforce the minimum standard, taking into account the particular needs of their area.
For more information, and to read the full guidance document, see:
https://www.gov.uk/government/publicati ... -documents
Note that the non-domestic landord guidance is also available from the above link.
