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The Government have published official guidance to landlords of privately rented domestic and non-domestic property on complying with the 2018 ‘Minimum Level of Energy Efficiency’ standard (EPC band E).
A brief summary;
The domestic minimum standard will be introduced in a phased manner, with triggers for new tenancies signed from 1 April 2018 onwards, and a backstop date for all tenancies from 1 April 2020. This means that, from 1 April 2018 landlords must not let any sub-standard domestic property to new tenants, or renew or extend an existing tenancy agreement with existing tenants, unless either:
a. the landlord has made all the relevant energy efficiency improvements that can be made to the property (or that there are none that can be made) and the property’s energy performance indicator is still below an EPC E, and this exception has been registered on the national PRS Exemptions Register; or
b. no improvements have been made but a valid exemption applies which has been registered on the Exemptions Register.
Then, from 1 April 2020, landlords must not continue to let a sub-standard domestic property, even to existing tenants (where there has been no tenancy renewal, extension or indeed new tenancy), unless:
a. all relevant energy efficiency improvements have been made (or that there are none that can be made), the EPC remains below E, and the exception has been registered on the Exemptions Register; or
b. no improvements have been made but a valid exemption applies and has been registered on the Exemptions Register.
Therefore, from 1 April 2018, where a landlord intends to let a domestic property (or from 1 April 2020 continue to let such a property) they will need to check whether their property is covered by the minimum level of energy efficiency provisions, and, if so, ensure that the EPC rating is at E or above. If the EPC rating is below E, they must either take appropriate steps to improve the rating to meet the minimum standard, or register an exemption if applicable.
