EPC & Tenant Rights.

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    EPC & Tenant Rights.

    At a recent LL Seminar I was surprised to learn that recent/pending legislation gives Ts the Right to require LL to pay to implement EPC improvements above assessed rating if above min reqd.
    Can anyone confirm and if there is a 'capped' expenditure/min reqd EPC rating for this?

    #2
    I think that is not correct. T can request consent to carry out energy efficiency improvements themselves AND PAY THEMSELVES. The right to do this cannot be refused.

    If it was as you suggest I would immediately increase all my rents by at least 100% to account for the possibility of having to renew cavity wall insulation etc...

    Comment


      #3
      Originally posted by mariner View Post
      At a recent LL Seminar I was surprised to learn that recent/pending legislation gives Ts the Right to require LL to pay to implement EPC improvements above assessed rating if above min reqd.
      Can anyone confirm and if there is a 'capped' expenditure/min reqd EPC rating for this?
      Was the person offering you this information able to cite the legislation on which his or her claim was based?

      In fact, did you hear it from one of the seminar leaders, or from another landlord? There's a lot of misinformation out there....
      '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


        #4
        Originally posted by AndrewDod View Post
        I think that is not correct. T can request consent to carry out energy efficiency improvements themselves AND PAY THEMSELVES. The right to do this cannot be refused.
        That can't be correct either. Do you really think a tenant would be able to install external solid wall insulation or a ground source heat pump and the landlord would have no say in the matter?

        Comment


          #5
          Where there is an available energy saving measure and government funding to pay for it, if a tenant requests permission to carry out the improvement a landlord cannot unreasonably refuse.
          The key is "unreasonable", and there's not really a readily available means for a tenant to address an "unreasonable" response to overcome it.

          However, as the "green deal" which was the main government funding scheme has been scrapped, the situation is unlikely to occur in practice (there are other schemes in place)

          Properties below an "E" rating can't have a new tenancy agreement after some point in 2018, and after 2020 can't be rented at all.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Little known clause to De-Regulation Act 2015?
            Presentation by well known member of RLA.

            Comment


              #7
              Nah..
              The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
              - from 1st April 2016 (calm down, we know the date..)
              http://www.legislation.gov.uk/uksi/2.../contents/made
              in particular R10
              http://www.legislation.gov.uk/uksi/2...lation/10/made
              10.—(1) Subject to regulations 13(5)(a) and 14(3), where a landlord is served with a tenant’s request, the landlord must not unreasonably refuse consent to the making of a relevant energy efficiency improvement specified in the tenant’s request. etc etc etc...
              Regulated, AT & AST...

              Cheers!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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