Housing minister declines to clarify on landlords recouping EPC costs

Housing minister declines to clarify on landlords recouping EPC costs

Energy efficiency rating graphic and piggy bank symbolising EPC upgrade costs and rental market impact
12:01 AM, 25th November 2025, 5 months ago 13
Categories:

Housing Minister Matthew Pennycook has refused to give a clear answer on whether landlords will be able to recoup the costs of EPC upgrades.

Under the Renters’ Rights Act, tenants will be able to challenge rent increases in court. Mr Pennycook said that a Tribunal must assess the rent a property could command on the open market rather than consider costs borne by the landlord, but added that the issue would ultimately be determined on a case-by-case basis.

This appears to contradict a previous minister’s admission that landlords are permitted to raise rents to cover the expense of EPC improvements.

Tribunal will determine the open market rent

Shadow Housing Secretary James Cleverly asked Mr Pennycook in a written question: “Whether he plans to provide guidance to (a) renters, (b) landlords and (c) tribunals on whether landlords recouping upfront costs of energy efficiency measures may be a legitimate material consideration in determining the market rent for the purposes of a rent tribunal”.

However, Mr Pennycook did not provide a clear answer and insisted tribunals would determine open market rent and that landlord costs could not be directly considered, suggesting decisions must be made case by case.

He said: “Once Part 1 of the Renters’ Rights Act comes into force, tenants will have the right to apply to the First-tier Tribunal (‘the Tribunal’) to challenge a proposed rent increase.

“Where a tenant chooses to do so, the Tribunal will determine the open market rent. This is the rent that the landlord could expect to receive for the property, if they were to let it on the open market the next day.

“The Tribunal has experts who are experienced in understanding the different factors which result in the open market rent and determining whether a proposed rent is reflective of this.

“Section 14 of the Housing Act 1988 sets out the factors that must be considered or disregarded by the Tribunal when determining rents. It would not be appropriate to provide guidance beyond this to the Tribunal as to how the legislation should be interpreted, as this is a matter for the judiciary.”

Tribunal must look at the rent the property could command on the open market, rather than costs borne by the landlord

Mr Pennycook adds the government will publish guidance for landlords in due course.

He said: “When considering the proposed rent, the Tribunal must look at the rent the property could command on the open market, rather than costs borne by the landlord.

“However, the open market rent of the property could be affected by the condition of the property, among other factors. It will be for the Tribunal to make a determination in each case.

“We will publish guidance for landlords and tenants before Part 1 of the Renters’ Rights Act comes into force.”


Share This Article

Comments

  • Member Since January 2023 - Comments: 145

    9:28 AM, 25th November 2025, About 5 months ago

    In this particular case Mr Pennycock is right to say that the rent should reflect any EPC upgrades. What he is wrong about is that the Tribunal would be able to apply a correct rental valuation with the large numbers of applications that will no doubt be made. One two bedroom flat in a Borough could have a quite different rental valuation than another of roughly similar size. The effect will be to standardise rents and discourage landlords from making their rental properties better than average.

  • Member Since September 2018 - Comments: 3514 - Articles: 5

    10:00 AM, 25th November 2025, About 5 months ago

    What classes as ‘Market rent’ exactly? If it is the size, condition and facilities etc of a property compared to another, what if the other similar property is in the next street – where Selective Licencing for instance does not apply?
    A private rental is a certain street or postcode can be neighbouring another where there is no SL. The property in the SL zone would be (all things being equal) be more expensive than the other. It is not the LL costs that affect this, it is the location of the property and the act it is a private let. Discriminatory and localised additional costs are therefore part an part of that property being let and so any assessment has to take this into account.
    Exactly the same way as EPC ratings. If the property you are renting is a higher EPC then by default it is (using the EPC blurb) cheaper for the T to run. A higher EPC rating makes that property ‘better’ in condition/presentation/and insulative property than another comparable in the street. On that basis it is worthy of commanding a higher rental charge.

  • Member Since November 2020 - Comments: 69

    10:12 AM, 25th November 2025, About 5 months ago

    As I argued with little response some time back, I think rent could be forced down below what it already was (pre-annual rent S13 application) in some cases.
    We own two houses in adjacent roads where there are few rentals. The nearest two are a regulated tenancy, and the other in poor condition where the tenant says he is happy with the arrangement whereby rent is two thirds of ours, and he puts up with the poor conditions in return.
    So the question remains: What are the specific factors going to be in determining “Open Market Rent”. How locally postcode wise will this be?
    Where S13 annual increases do happen, when the word spreads on social media, as a tenant, would you not want to grab a further eight months of rent at the existing cost?
    Remember, ridiculously, increases awarded can’t be backdated to the application date!
    All the tenant will need to do is diarise it each year, and end up with a four month increase, as matters stand in the courts.

  • Member Since November 2020 - Comments: 69

    11:30 AM, 25th November 2025, About 5 months ago

    Had written the above before Reluctant LL had posted theirs, so just demonstrates that digging into the detail raises significant considerations. We’re on the same page with Market Rent definition.

  • Member Since February 2025 - Comments: 7

    6:46 PM, 25th November 2025, About 5 months ago

    Presumably it’s now in the interests of every LL to push up the rent of every rental as much as they possibly can. It sounds as though a tribunal will look at what other tenants are paying, regardless of it being a fair comparison or not, and use that to determine a fair market rate.

    For some people this may mean that their rent goes up more than it otherwise would just because the LL worries about their options for raising the rent as needed in the future.

  • Member Since July 2013 - Comments: 357

    10:09 PM, 25th November 2025, About 5 months ago

    You got to love this nonsense spend 12k to improve EPC rating. I believe many could easily be over 20k plus
    All to save tenant £200 to £300 a year. But rents will go up minimum £100 a month.
    When energy company puts up prices by hundreds last few years . Even when their costs have gone down.
    The UK contributes less than 1% to global warming
    If every single that could be done solar heat pumps wind farms electric cars insulation walls floor roof etc . If every single property it will make note one bit of difference as other countries are increasingly 3% plus a year America China India etc.
    The other annoying thing is only private landlords this is roughly 14% of properties. must come a C rating with the future to be a B. I bet the other 86% won’t need to in the end. It shows government is not serious in EPC ratings.

    Glasgow council spent 3.2 million pounds retrofitting 8 flats just 8 flats .
    They then got the building valued and I kid you not at £320 thousands only 10% of what they spent.

  • Member Since July 2013 - Comments: 754

    11:00 PM, 25th November 2025, About 5 months ago

    Pennycook couldn’t /didn’t answer the questions because he doesn’t know the answers.
    If he thinks the Tribunal is going to get into the weeds to drive out the individual details of a specific property to arrive at a ‘market value’ (however that will be defined for this purpose), he is much mistaken. Tribunal will be overwhelmed, and it will be neither practical nor cost effective to dive into such details. Instead I suspect the Tribunal will adopt pretty much a geographic broad brush approach and build up a body of evidence. Will LLs be the losers? I wonder.

  • Member Since May 2024 - Comments: 204

    12:53 AM, 26th November 2025, About 5 months ago

    Over the last 10 years I’ve always increased the EPC of our houses to try to help tenants, now all but 1 is an EPC C, the last 1 will never economically make it, so I will sell it.

    If the government were serious about making landlords meet EPC C criteria they should at least make it tax deductible to give landlords some incentive to improve their houses.

    My D68 house has been offered many times for the tenant to buy it buy they can not get a mortgage. When EPC C is finally announced they will be told I am selling the house. It has already been mentioned but they don’t want to leave.

    Can you imagine how many landlords will be selling up old houses in the N E of the UK that upgrading to an EPC C will be 10 -20% of the value of the house?

    The government need to get their thinking of house values in London do not reflect the rest of the UK.

    I have written to my Conservative MP but got a bull s@*t answer and they dont care.

  • Member Since February 2023 - Comments: 22

    6:58 AM, 26th November 2025, About 5 months ago

    Landlords are not running non profit organisation. If there is a cost they will have to take them out from rent. Open market rent is the value of rent if the house is marketed for new tenancy. Most of the current rents who stay in property for more than 1 year usually have 100 £ lesser rent. As landlord will always loos minimum 1200 pounds on changing tenancy. With 3 months notice this is going to be very high. There is a simple way to tackle all your problem. Subscribe to cra rent reporting services, and legally report every less payments and delayed payments. Tennants will automatically pay the right rents.Again if you got very good tenant just live a good life by being very good to them. I always get late rent, with bit arrears, but my tenants are reasonable. So I don’t mind and never chased them for rents

  • Member Since January 2023 - Comments: 145

    7:07 AM, 26th November 2025, About 5 months ago

    Reply to the comment left by Neil Robb at 25/11/2025 – 22:09
    typical of the lack of acunen which defines publiv expenditure

Have Your Say

Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.

Not a member yet? Join In Seconds


Login with

or

Related Articles