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

Private rented sector

Tenants request to carry out energy efficiency improvements

Section 46 Energy Act 2011 requires the Secretary of State to make regulations whereby a tenant will be able to request consent to have energy efficiency works carried out and the landlord will not be allowed to unreasonably refuse consent. The regulations must come into force no later than 1 April 2016. [s.46(5)]

The request will only be reasonable if the works can be: (highlights added)

    • wholly paid for pursuant to a green deal plan
    • provided free of charge pursuant to an obligation imposed under the Gas Act 1986 or the Electricity Act 1989
    • wholly financed pursuant to a combination of such a plan and such an obligation, or
    • financed by such other description of financial arrangement as the regulations provide.

The request for consent is only available to tenants where the property is let:

    • under a tenancy which is an assured tenancy for the purposes of the Housing Act 1988,
    • under a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977, or
    • under a tenancy which is specified for the purposes of this subsection in an order made by the Secretary of State

[s.42(1)]

Minimum energy efficiency standards

Section 43 of the Energy Act 2011 provides that the Secretary of State must make regulations to secure that a landlord of domestic property which has an energy performance certificate which falls below such level of energy efficiency (as demonstrated by the energy performance certificate) as is provided for by the regulations, may not let the property until the landlord has made to the property such energy efficiency improvements as are provided for by regulations.

“… Private rented properties must be brought up toa minimum energy efficiency rating of ‘E’. This provision will make it unlawfulto rent out a house or business premise that does not reach this minimumstandard.

This requirement is subject to there being no upfront financial cost to landlords.Therefore, landlords will have fulfilled the requirement if they have eitherreached “E” or carried out the maximum package of measures funded underthe Green Deal and/or ECO (even if this does not take them up to an ‘E’rating)[source: Department of Energy and Climate Change Energy Act 2011: Private Rented Sector]

“Energy efficiency improvements” means if the works can be: (highlights added)

    • wholly paid for pursuant to a green deal plan
    • provided free of charge pursuant to an obligation imposed under the Gas Act 1986 or the Electricity Act 1989
    • wholly financed pursuant to a combination of such a plan and such an obligation, or
  • financed by such other description of financial arrangement as the regulations provide.

The regulations must take effect no later than 1 April 2018 [s.43(6)] and almost identical provisions apply for non-domestic properties [s.49]. The act allows regulations to be made to impose sanctions upon landlords who let property contrary to the rules [s.45 & s.51] but these sanctions are as yet unknown.

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