The government is proposing to implement legislation to prevent landlords from letting out properties where the Energy Efficiency level falls below band E. It is proposed that Rental properties that fall within these bands would have to be refurbished or taken off the market by 2018. Fines would have to be paid by landlords who rent out property which fell below band E if they did not comply and refurbish their draughty energy-inefficient property by 2018. This regulation will be introduced in two phases; from April 2018 the regulations will apply to new tenants and at a later date (suggested April 2020) it would apply to all tenancies. The Government proposes that exemptions from reaching the minimum EPC rating would last for five years. When the exemption expires the landlord would need to either meet the required E rating, or demonstrate an exemption applies again. However, in cases where an exemption relates to a current tenant’s consent not being given for improvements, if the tenant moves out before the five year period has elapsed, the exemption would expire at the point the tenant moves out of the property, even though this could be before 5 years.

Environment analysis: Part 2 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 came into force on 1 April 2016, whereby landlords will not be able to refuse any reasonable request from their tenant to make energy efficiency improvements. The request process begins with stage 1 whereby the tenant requests permission to carry out relevant energy efficiency improvement(s). The request must be accompanied by evidence of funding (or confirmation that the tenant will fund the works) and be accompanied by a report by a surveyor or other relevant person where the improvements have been recommended. The requested efficiency improvements are covered by a cost safe guard allowing the landlord to refuse a request where they would be open to making upfront or net costs. Only improvements identified by the EPC or Green Deal as appropriate for the property can be requested by the tenant.

B & Q have said they will sell home-energy packages to the public like loft installation.

If your tenant is receiving benefits cavity wall installation is available free of charge in some Council boroughs as is draft-proofing of doors and windows and some Councils even pay for central heating boilers to be updated in some boroughs.

This guide is intended as general information only, it does not seek to summarise the relevant legislation which is a complex and technical area of law. 13.04.16.