Rented Property Minimum Energy Standard Requirements

If your club has property which is let out to staff or anyone else then you need to be aware that from Sunday, 1st April 2018, there will be a requirement for any privately rented properties to have a minimum energy performance rating of E. The government has announced that from that date it will be unlawful to rent out a property which breaches this minimum rating. This will only apply to new tenancies in England and Wales from April then to all domestic tenancies in 2020 and to non-domestic properties by 2023, as explained below. In Scotland, it is intended to introduce similar legislation by April 2019 but Northern Ireland has yet to announce anything similar. The legislation which has been introduced is called The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (Amended June 2016). It establishes a minimum level of energy efficiency for privately rented property in England and Wales. This means that, from April 2018, landlords of privately rented domestic and non-domestic property must ensure that their properties reach at least an Energy Performance Certificate (EPC) rating of E before granting a new tenancy to new or existing tenants. These requirements will then apply to all private rented properties, even where there has been no change in tenancy arrangements, from 1 April 2020 for domestic properties and from 1 April 2023 for non-domestic properties. The domestic property regulations will be enforced by Local Authorities. The non-domestic property regulations will be enforced by Local Weights and Measures Authorities. The government have provided further guidance and information aimed at landlords, Local Authorities, Local Weights and Measures Authorities and others with an interest in the private rental sector, such as letting agents and other property management service providers. The documents provide guidance and advice on: - Scope of the regulations The steps a landlord should take to determine whether their property is covered by the regulations, and the steps they should take to ensure their property complies with the minimum level of energy efficiency Relevant improvements How a landlord can identify appropriate energy efficiency improvements for their property No-upfront Cost Funding (domestic only) How a landlord can investigate the availability of no-cost funding to cover the cost of improving a domestic property Cost-effectiveness (non-domestic only) How a landlord can determine whether particular improvements would be cost-effective to install in a non-domestic property Exemptions and exclusions Exemptions and exclusions The exemptions framework and the steps a landlord should take to register a valid exemption Enforcement The enforcement framework and the options open to enforcement authorities when policing compliance with the minimum standards, including information on fines and other penalty options The appeals framework Landlord appeals will be heard by the First-tier Tribunal, part of the court system administered by Her Majesty’s Courts and Tribunals Service; the guidance discusses the steps a landlord will need to take to lodge an appeal, and how that process will be managed.
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