New Year Reminder for Landlords
Minimum EPC Rating E needed for tenancies granted after 1 April 2018
From 1 April 2018, it will be unlawful to landlords to grant a new tenancy of private rented properties (both residential and commercial) in England and Wales that do not have at least an Energy Performance Certificate (EPC) rating of E.
Whilst tenancies that are already on place on 1 April 2018 are unaffected by this requirements, from 1 April 2020, the requirement for the property to have at least at EPC E rating will apply to all private rented residential property, irrespective of the fact that there may be an existing tenancy in place as at that time. The same blanket requirement will apply to all private rented non-residential property from 1 April 2023.
This should not come as a surprise to landlords, with the minimum EPC rating requirements, which derive from The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015, having been publicised in early 2015.
There are some limited exceptions to the regulations, but these are unlikely to be relevant in the majority of cases. Whilst the letting of a property which does not have the minimum EPC E rating does not render the tenancy invalid, any landlord who fails to ensure compliance with the Minimum Energy Efficiency Standards (MEES) and lets out a property with an EPC rating of less than E will be liable for a substantial fine.
The clock is ticking!
If you have any queries arising from this article, or wish to discuss any contentious property related matter, contact Chris Drinkall, Rollits' Head of Property Dispute Resolution Team, on 01482 337367 or by email at firstname.lastname@example.org
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.