Home Resources Legal Updates May 2019

The Energy Efficiency (Private Rented Property) Regulations 2019

16 May 2019

Came into force: 1st April 2019
Jurisdiction: England & Wales
Amends: The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

This amendment means that Landlords are now required to fund up to £3,500 (inc VAT) for energy efficiency improvements to ensure that their property meets the minimum requirements of an Energy Performance Certificate (EPC) rating of ‘E’ or above. This removes the previous no cost to landlords provision, even where they cannot obtain third party funding (local authority grants or Green Deal finance or other).

Where previous energy efficiency improvements have been made on, or after, 1st October 2017, the landlord may subtract any costs of these improvements from their spending cap.

High cost exemptions are available where the improvements required to meet an EPC rating of ‘E’ or above for a domestic private rented property would cost over £3,500.

A previous exemption which exempted landlords from the requirement to improve their property if a tenant hadn’t consented to a Green Deal finance charge is no longer available.

Previously, where a landlord was unable to secure third party finance for improvements they were exempt from the requirement for 5 years. This exemption is no longer available and any exemptions registered on, or after, 1st October 2017 will now expire on 1st April 2020.

For more information click here.