As from 1st April 2018 there will be a requirement for any properties rented out in the private sector normally to have a minimum energy performance certificate (EPC) with an E rating. The regulations come into force on new lets and renewals of tenancies with effect from this date. For all other existing tenancies they come into force on 1st April 2020.
It will be unlawful to rent out a property in breach of this E rating unless one of the applicable exemptions is appropriate. The penalty for breaches can be up to £4,000.
The Regulations apply to domestic private rented sector properties in England and Wales. This means:
Properties let under an assured tenancy or a shorthold tenancy which is a regulated tenancy for the purposes of the Rent Acts, properties let (a) on a tenancy which is an assured agricultural occupancy (b) on a protected tenancy under the Rent Act 1976 (c) on a statutory tenancy under that Act.
So long as the minimum E rating is obtained, it is left to the landlord to choose which works need to be carried out in order to achieve the E rating.
Amongst other measures to adhere to the new regulations cavity wall insulation is probably going to be one of the most popular. Caution should be taken before any decisions are made. Not all properties are suitable and the consequences of installation in an unsuitable property can be devastating not only to the person living in the property, but to the property itself, devaluing it significantly
There will be no requirement to install cavity wall insulation under the regulations where the landlord has obtained a written opinion, from a suitably qualified person or from the independent installer engaged to install the measure, advising that it is not an appropriate improvement due to its potential negative impact on the fabric or structure of the property (or the building of which it is part).
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