The energy efficiency private rented property regulations 2015

by David Asker

10:10 AM, 14th July 2015
About 3 years ago

The energy efficiency private rented property regulations 2015

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The energy efficiency private rented property regulations 2015

The Government has recently passed new minimum energy efficiency standards (MEES) which come into force on 1st April 2016.David Carter - CEO of The Sheriffs Office

These will affect both landlords of both domestic and commercial privately rented property.

The regulations have been introduced as part of the Government’s strategy to meet climate change targets and they will affect both domestic and commercial private rented property with an Energy Performance Certificate (EPC) below an “E” rating.

The ratings go from A (highest) to G. The Government estimates that this affect around 18% of commercial premises.

What do the changes mean to landlords?

Landlords of both commercial and residential property will need to improve the energy efficiencies of their properties to raise them above the minimum “E” rating. And, as you might expect, there will be penalties for non-compliance.

Should the energy performance of the rented property fall below the minimum level of energy efficiency (i.e. below an “E”) a landlord may not:

• Grant a new tenancy or renew an existing tenancy after 1st April 2018
• Continue to let a domestic property after 1st April 2020
• Continue to let a non-domestic private rented property after 1st April 2023

And what do they mean to tenants?

Tenants and prospective tenants should be aware of any work that their landlord may be planning to improve energy efficiency, as this may cause them disruption, and they might end up paying for some of the work under the service charges or their obligations under the lease to repair the property.

Both landlords and tenants would be wise to check the terms of existing leases and consider carefully the drafting of new ones with these regulations in mind.

More information

If you would like to read more on how the regulations will impact on commercial landlords, you might want to read this article by Sarah Brimacombe at Clyde & Co. click here

You can read the Private Rented Property Regulations click here

 



Comments

Puzzler

13:27 PM, 14th July 2015
About 3 years ago

Sorry it's not clear to me, is E the minimum or above E the requirement? If a property is an E rating is it ok or does it need to be improved?

David Asker

15:07 PM, 14th July 2015
About 3 years ago

E is the minimum so F and G is an issue.

Richard Phillips

9:56 AM, 15th July 2015
About 3 years ago

I'm a commercial and domestic energy assessor as well as private landlord. If you have any questions about this, I can help over the best way to improve a rating.

Oren Paynton

11:32 AM, 15th July 2015
About 3 years ago

I am a domestic energy assessor, Green Deal adviser and a private landlord. I can advise on all aspects of energy efficiency and help with the process of obtaining loans and grants for energy efficiency improvements.
I will be happy to discuss with landlords over the phone, and advise whether a full assessment is needed.

Mike Tighe

12:48 PM, 15th July 2015
About 3 years ago

It seems that listed buildings are not required to have an EPC so anybody out there with let property which is listed may not have to worry about this. However, it is not completely clear cut and a quick check via google will show plenty of differing opinions as these 2 links illustrate
http://www.falcolegaltraining.co.uk/commentary/epcs-listed-buildings/
http://www.nesltd.co.uk/sites/default/files/Historic%20buildings%20exemption%209%20January%202013.pdf
It seems to me though that the Gov clearly intended that listed buildings should be exempt and I will be assuming so until a test case comes up - just hope it doesn't involve me !

Lynn Bond

14:53 PM, 19th July 2015
About 3 years ago

Reply to the comment left by "Mike Tighe" at "15/07/2015 - 12:48":

I have a flat which is in part of a Semi Detached victorian house in a conservation area, the upstairs flats and the house next door (other side of the property) already had double glazing. When I applied to install double glazing the local council would not grant permission for this stating they wanted to retain the original features. If this had been a house, I would have been able to install double glazing at the rear, however being a flat they also decided they would not let me install it in the back either ( even though the back consisted of original windows, 1970's single glazed and double glazed units) and had to keep it as its original condition - a real mess & mismatch. An 18 month battle with them to see sense to allow changes to make all the back double glazed and matching was to no avail ) pure bureaucracy, and not compliant with letting rules going forward as the building not actually listed but only in a conservation area. So where will that leave me I ask.

Richard Phillips

15:10 PM, 19th July 2015
About 3 years ago

Reply to the comment left by "Lynn Bond" at "19/07/2015 - 14:53":

Hi Lynn, since your flat is not listed, it would still come under the MEES regulations.

Double Glazing is one way of improving an EPC but it is not one of the top in terms of cost effectiveness. Changing All of the lighting to low energy and ensuring that the loft is insulated to around 300mm would be my first recommendations. from your post it suggests though that your flat is not the top floor. So I would also look at the heating...A rated gas boiler with a well insulated hot water tank or a combi should help the rating further

Lynn Bond

9:48 AM, 20th July 2015
About 3 years ago

Reply to the comment left by "Richard Phillips" at "19/07/2015 - 15:10":

There was a complete renovation job on the property 4 years ago so the roof insulation, light bulbs and boiler have all been addressed. the biggest source of heat loss is the large single glazed windows

Oren Paynton

11:32 AM, 20th July 2015
About 3 years ago

Hi Lynn,

Your story is very consistent with similar stories elsewhere in the country - councils are very inconsistent in their decisions! This is frustrating, but also opens up opportunities. Since councils are so inconsistent, continuously re-applying will often get you a result in the end. I realize you are now 18 months in to this saga, but assume that if you revisit this application in a year's time, you may well get your way.
In the meanwhile, as Richard says, it is well worth looking at all other options, especially walls.
If windows are seen to be the only significant heat loss item currently in the flat, I'd say that your energy efficiency will most likely be excellent as it is.
You always have the option of installing temporary or permanent internal secondary glazing, which does not require any permissions.

Mike Tighe

11:55 AM, 20th July 2015
About 3 years ago

Reply to the comment left by "Oren Paynton" at "20/07/2015 - 11:32":

Just to concur with Oren, both English Heritage and The Society for the Protection of Ancient Buildings (SPAB) favour secondary glazing as a good alternative to double glazing. The designs now available are way more discrete than the clunky versions of old and heritage organisations like them because they are a reversible technology - although you still need to keep the original windows in good repair.


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