Part two of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 established a new right for domestic private rented sector tenants, whereby tenants can request consent from their landlord to install energy efficiency improvements in the property they rent, and the landlord cannot unreasonably refuse consent. These new rights take effect from April 2016, and are subject to the tenant securing suitable funding for the requested improvements.
This guide provides an overview of the steps a tenant must take when preparing a consent request for their landlord, the steps a landlord must take when considering a tenant’s request (including details of the situations where a consent request may be declined), and the process a tenant should follow to appeal a landlord’s decision. The information in this guide will also be helpful to local authorities and other organisations who provide support and advice to tenants on housing and rental issues.
Key steps a tenant must take when preparing an energy efficiency consent request:
- checking their tenancy type,
- deciding which energy efficiency improvements they wish to make,
- securing appropriate funding, and
- compiling the necessary evidence and preparing the written request.
Key steps a landlord must take when considering an energy efficiency consent request:
- deciding whether there are any grounds under which they could reasonably refuse consent,
- deciding whether they need to obtain additional advice or evidence before making a decision,
- deciding whether they require third part consent before consenting to the tenant’s request, and
- deciding whether they wish to make a counter proposal.
Chapter 3, Part 4 (pages 32-34) describes the steps a tenant can take if they believe their landlord has not complied with the Regulations.
Please note that while the provisions described in this guidance document are designed to ensure that a clear process exists for tenants who wish to request consent to make energy efficiency improvements to their rented accommodation, tenants and landlords remain free to make more informal energy efficiency arrangements if they choose.