Prohibition Order & Energy Efficiency

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    Prohibition Order & Energy Efficiency

    My local Council have served me with a Prohibition Order, Housing Act 2004 (Sections 20 & 21) for a number of issues with my property that I have been renting out. The main issue of contention is regarding the energy efficiency of the property which is detached and built in 1904. It is both single brick layered and has no roof/attic space to insulate. The Council therefore want the rooms to have an inner stud layer so that cavity insulation can be installed, as well as double glazing. Aside from the large expense (I am currently on Income Support) I do not agree with their suggestions for what is after all a very old building and will therefore appeal. Does anyone else have any experience appealing an energy efficiency case with the Residential Property Tribunal?

    #2
    You can try searching previous appeals here (type in the word 'insulation' in the search);

    http://www.residential-property.judi...ion_search.jsp

    Have you asked the council about advice/help with financing? I think they have a duty to do so.
    I'm also thinking the 'green deal' might be of use to you, which comes into effect this autumn. It might be worth asking if they will suspend the order until then.
    The council should be working with you to find a solution. This is the enforcement guidance code that may help you phrase the right questions;

    http://www.communities.gov.uk/docume...tingsystem.pdf

    Comment


      #3
      Your council's decision does seem Draconian on the face of it - which council is it? However, it could be that when the roof space was made into rooms, it was done in contravention of building regs - no insulation at all in the roof space sounds like bad news.

      Are the windows the original sash windows, or more modern? if original and not in poor condition, you could offer to instal secondary double glazing allowing you to retain the old windows and with less outlay.

      The fact that you are on Income Support is neither here nor there. Your rental property is a business venture like any other. if you cannot afford to invest in it to bring it up to the required standard, you will have either to borrow the money to do so, or sell the property. However, as boletus suggests, funding may be available under the Green Deal.

      Be aware that internally lining the walls will threaten the Edwardian character of the building, as it will remove cornices and other decorative plasterwork. You should however be able to salvage and reinstate skirting boards and picture rails.

      There will come a point when all rental properties will have to score t least D on their EPC energy efficiency rating, so I suspect we will see more orders like this before long.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #4
        It may be that you could get Green Deal for some of this, or different approaches - eg external insulation. Decent insulation will make it more marketable.

        Ask them how they propose that you should do loft insulation :-).

        Worth a look.

        OTOH most of that could be done easily yourself if money is tight.

        The compulsion referred to above is likely to have an 'out' for properties where it cannot be done economically / realistically.

        ML
        Refer Mad Regulators to Arkell vs Pressdram.

        Comment


          #5
          Originally posted by midlandslandlord View Post
          ly to have an 'out' for properties where it cannot be done economically / realistically.

          ML
          Do you mean that if the LL could demonstrate that the costs (even with GD subsidies) would be unrealistic (and who defines 'unrealistic'?!), the council would just let him off the hook?

          Presumably to be considered for that, the LL would have to appeal the decision through the usual process?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment

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