The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 aim to improve the energy efficiency of private rented properties in England and Wales. The regulations require landlords to ensure that their rented properties meet minimum energy efficiency standards.
From April 2018, landlords are required to ensure that any new or renewed tenancy agreement has an Energy Performance Certificate (EPC) rating of at least E. From April 2020, these regulations extended to existing tenancies as well, meaning that all rented properties must meet this minimum energy efficiency standard.
The regulations apply to privately rented domestic and non-domestic properties in England and Wales that are required to have an EPC, with certain exceptions.
Under The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, landlords must provide evidence to show that their rented properties meet the minimum energy efficiency standards. This includes:
1. Energy Performance Certificate (EPC): Landlords must provide a valid EPC with a minimum rating of E to tenants before they move in.
2. EPC recommendations report: If an EPC identifies potential improvements to increase energy efficiency, landlords must provide a copy of the recommendations report to tenants.
3. Third-party reports: If a landlord relies on a third-party report, such as a Green Deal Assessment Report or a surveyor’s report, to provide evidence of the energy efficiency of a property, they must provide a copy of the report to tenants.
4. Written consent: If a landlord has obtained written consent from a tenant to carry out energy efficiency improvements, they must provide evidence of this to the relevant authority.
5. Exemptions: If a landlord believes that their property is exempt from the regulations, they must provide evidence to support their claim.
It is important to note that failure to comply with the evidence requirements can result in financial penalties for landlords.
There are some exemptions to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, which include:
1. Cost exemption: If a landlord can demonstrate that they have taken all cost-effective measures to improve the energy efficiency of their property, but it still does not meet the minimum standard, they may be exempt.
2. Property devaluation exemption: If an independent surveyor determines that energy efficiency improvements would decrease the value of the property by more than 5%, the landlord may be exempt.
3. Consent exemption: If a tenant refuses to grant consent for energy efficiency improvements, or if the landlord is unable to obtain consent despite reasonable efforts, they may be exempt.
4. Temporary exemption: If a landlord has recently acquired the property, or if the property is about to undergo major renovation work, they may be granted a temporary exemption.
5. Listed building exemption: If the property is a listed building, certain energy efficiency improvements may not be feasible, and the landlord may be exempt.
It is important to note that exemptions must be registered on the Public Exemptions Register, and that some exemptions may only be valid for a limited period of time.
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