This entry is part 6 of 13 in the series Green Deal

Green Deal – Obtaining Consent

Under the legislation, the person who prompts a green deal plan by for example arranging a green deal assessor to attend is known as the “improver”. Before a green deal plan can be entered into, if the improver is the landlord then s/he must first get consent from whoever is the energy bill payer [3] (normally the tenant) unless the landlord pays the bills under the tenancy or if the property is empty at the time of arranging the plan.

If the improver is a tenant (or licensee), then consent must be obtained from each person who is the owner [4]. If the landlord is not the owner of the property, then, the landlord must obtain consent from all persons who are the owner [4].

The consent must be in writing and must contain all of the following (“A” is the person consent is being sought from):

Consent by “A” to—

  • the amount of the payments in instalments to be made under the plan;

  • the intervals at which they are payable; and

  • the period for which they are payable; and

an acknowledgment by A that if the plan is entered into and A becomes the bill payer—

  • A must pay instalments under the plan for such time as A is the bill payer, and

  • the other terms of the plan which bind a bill payer will bind A

An appropriate consent form will no doubt be provided by the green deal provider or assessor at the time of visiting the premises.

Failure to obtain consent

Assuming the improvements works have been installed and a green deal plan is in force, if the landlord or tenant (the “improver”) had previously failed to obtain a necessary permission or consent for the installation of an improvement at a property under a green deal plan and the Secretary of State is satisfied that such consent was not obtained, the penalties and orders depend on the status of the improvement:

Improvement has not been removed from property

If the improvement for which consent was not obtained has not been removed from the property, the Secretary of State must require the green deal provider “to cancel the liability of the bill payer and any subsequent bill payer to make payments under an energy plan from the effective date; and to refund to the bill payer any instalments paid under the plan in respect of a period after that date

In addition, the Secretary of State must require the improver to pay the green deal provider an amount (as a fixed sum or in instalments) representing—

  • the indebtedness of the bill payer and any subsequent bill payer under the green deal plan at the effective date less the rebate on early settlement; and

  • a compensatory amount being an amount equal to the cost which the green deal provider has incurred as a result of the indebtedness under the green deal plan being discharged at the effective date;

Improvement has been removed from property

If the improvement has been removed from the property, the Secretary of State may impose the cancellation of liability discussed above instead of must where the improvement has not been removed.

If the Secretary of State chooses to require the green deal provider to cancel the green deal plan and refund payments of the instalments already made then, the Secretary of State must require the improver to pay the green deal provider compensation just the same as discussed above. If no cancellation is ordered, no compensation is payable.

Failure to obtain consent not improvers fault

Even if the failure to obtain consent was through no fault of the improver, the Secretary of State may nevertheless require the improver to pay compensation [5].

  • [3] Regulation 36(1)(a) The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012  ↩

  • [4] Regulation 36(1)(b) The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012  ↩

  • [5] Regulation 65(3)(b) The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012  ↩

  • Series Navigation<< What Energy Savings Items Will be Included?||Financing the Green Deal >>

    Pin It on Pinterest

    Share This

    By continuing to use the site, you agree to the use of cookies. more information

    The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

    Close