As of the 1st April 2018 there will be a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). The regulations will come into force for new lets and renewals of tenancies with effect from 1st April 2018 and for all existing tenancies on 1st April 2020. It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption. There are separate regulations effective from 1st April 2016 under which a tenant can apply for consent to carry out energy efficiency improvements in privately rented properties.
The Regulations apply to domestic private rented sector properties in England and Wales. This means:
- Properties let under an assured tenancy or a shorthold.
- A tenancy which is a regulated tenancy for the purposes of the Rent Acts.
- Properties let:
- On a tenancy which is an assured agricultural occupancy
- On a protected tenancy under the Rent Act 1976
- On a statutory tenancy under that Act.
Properties within scope will include any domestic privately rented property which: has an EPC, and is either (i) required to have an EPC; or (ii) is within a larger unit which itself is required to have an EPC, either at point of sale, or point of let. No changes are made to existing regulations regarding the provision of EPCs. Flats and houses are subject to the regulations. In the case of flats this means self-contained unit. Non-self-contained units such as bedsits do not require an individual EPC. If a property does not have an EPC then the regulations do not apply. The EPC must be the current EPC if there is one and this must be no more than 10 years old.
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