Residential Landlords - are you ready for the Energy Act 2011?
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Anita Gupta
Head of Energy & Infrastructure Group
DD +44 (0)161 603 5131
M +44 (0)7809 586 784
Add vCard View BiographyDate: 08/02/12
We have previously discussed how the Energy Act 2011 will affect commercial property (please click here to read the article The Energy Act and Commercial Landlords). We now turn to look at the provisions which will affect residential landlords.
The Act contains provision for regulations to be made by no later than 1 April 2018 relating to residential property, which are almost identical to those affecting commercial property. By way of reminder, this will mean that if a residential property is affected, a landlord will have to achieve and maintain a specified level of energy efficiency for the property as set out in its energy performance certificate.
If the energy efficiency rating is below the specified level, the landlord will not be allowed to let the property until they have remedied the situation. A breach of the regulations may result in a fine which, for residential landlords, will not exceed £5,000.
Furthermore, additional regulations will be made by 1 April 2016 that will compel a residential landlord not to unreasonably refuse a request from a tenant for consent to the making of relevant energy efficiency improvements to the property. If a landlord fails to comply with this requirement, the tenant may be able to apply to a court or tribunal for a ruling that the landlord has not complied with the regulations and seek payment of a sum of money as a result of the non-compliance.
It is clear that the Act is attempting to ensure that they have covered every angle of the commercial and residential lettings market and that it is only a matter of time before both landlords and tenants, in both the commercial and residential markets, will begin to feel the Act’s far-reaching effect.
If you would like more information about this Act and how it might affect you, please do not hesitate to contact Clare Miller, Real Estate Litigation Solicitor in the Energy & Infrastructure Group – clare.miller@dwf.co.uk, 0161 603 4968.
