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A tenant may reasonably request a relevant energy-efficiency improvement. A relevant improvement will only be reasonable if it–
A request must be in writing and may be given by post.
When a landlord receives a request, the landlord may refuse consent only on limited grounds. But because a request is only “relevant” if it incurs no cost to the landlord, this shouldn’t be too much of an issue. A landlord may fund improvements if they prefer.
A landlord needs to provide an “initial response” within one month of the tenant’s request, and there are provisions available where consent is required from a superior landlord. It is also possible for a landlord to serve a “counter-proposal” specifying an alternative (or multiple alternatives).
There will be a few exemptions from having to carry out improvements, such as if the works would reduce the property’s market value by more than 5% or consent from a third party has been refused.
An application to the First-tier Tribunal can be made to determine any disputes that may arise.
From 1 April 2018, all rented property let on assured tenancies, regulated tenancies under the Rent Act 1977, and four types of agricultural tenancy, which are to have a new tenancy, must have an EPC rating of at least “E”.
This requirement also applies to renewal tenancies to (the same tenant for the same property) on or after 1 April 2018. The duty is also triggered by “an extension” where heating or cooling services are extended into the extension.
From 1 April 2020, all domestic property (including existing tenancies) of the types listed above must have the minimum E rating where it is a lawful requirement to have an EPC (e.g. it is within ten years of its original commissioning). Non-domestic properties had until 1 April 2023 (including existing tenancies) to meet the E rating.
There are several exemptions for the minimum standard where-
Where a domestic property has been let that doesn’t meet the minimum standard, the tenancy remains valid between the landlord and tenant, but the landlord will be liable to pay a fine of up to £5,000. Penalties can be much more significant for non-domestic properties depending on their size.
The Department for Business, Energy & Industrial Strategy has published helpful guidance about the minimum energy requirements available here.
The Exemptions Register can be found here.
Several grants may be available to make energy improvements to a residential home.
The Affordable Warmth Obligation is the most familiar and is universally available. It is available for both rented and owner-occupied properties and may cover all or part of the insulation cost or a boiler replacement. To be able to obtain the work, the occupier must be on one of the following benefits:
Pension Credit
There are several extra conditions, including certain limits on the income received, and other benefits are paid in certain circumstances.
More information and how to apply are available here.
From time to time, the government, private organisations, and local authorities provide other grants or incentives. See here for more information.