Tenants' Energy Efficient Improvement Provisions

Author: Andrew Peach

Do you rent out your property?

If so, you must be aware of the provisions of the Energy Efficiency (Private Rented Property) England and Wales Regulations which enable tenants to make energy efficiency improvements to domestic private rented properties and to require minimum energy efficiency standards (MEES) to be met before both domestic and non-domestic properties can be let out.

As from 1st April 2016 tenants of domestic properties can make energy efficiency improvements. They can do this by requesting Landlord’s consent which cannot be unreasonably withheld (subject to certain exemptions). This is the case even if the Tenancy Agreement does not permit the tenant to make alterations.

There is a procedure which the tenant must follow – please contact a member of our Commercial Property team if you require any further information or advice on this matter.

As from 1st April 2018, Landlords of both domestic and non-domestic private rented properties may not grant new tenancies or extend or renew existing tenancies if the energy performance of the building in question is below Band E on the EPC (i.e. it is in Bands F or G).

As from 1st April 2020, Landlords of domestic properties cannot continue to let their property unless it is brought up to standard.

As from 1st April 2023, Landlords of non-domestic properties cannot let a property unless it is brought up to standard.

There are exceptions to the rules – please contact a member of our Commercial Property team if you require any further information or advice on this matter.

Andrew Peach

Andrew Peach

Partner

Tel: +44 (0)1306 502270

Office: Dorking

Email: a.peach@downslaw.co.uk