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Our easy-to-digest guides on all aspects of residential operations.

Landlord Legislation: Complying with EPC Regulations


22/05/2023

Author : Leana Aristodemou


The UK government's commitment to achieving the target of Net Zero by 2050 is clear, as it sets up a new department for Energy Security and Net Zero. According to estimates, the housing sector, including commercial and private properties, is a significant contributor to emissions. The greater energy efficiency of the housing sector will help reduce energy bills and boost the UK's efforts to meet energy performance targets. There is a need for better clarity on how the government proposes energy efficiency improvement across the private rental sector.

 

 

 

Need to support the stakeholders

The housing sector comprising landlords, businesses, homeowners, and other stakeholders is in the dark about EPC rule changes, despite the fast-approaching deadline to achieve an EPC rating of Band-C by 2025. Property owner’s in the UK have a lot at stake with the new EPC rules and expect clear guidance on making their properties EPC-compliant.

The Energy Security and Net Zero department must adopt an all-inclusive approach to work hand in hand with the stakeholders to draft a supportive strategy for long-term effectiveness. Most landlords are sceptical about the department's approach, as several owner-occupied and rented properties are yet to reach the EPC rating of Band-E.

Understanding the current and proposed energy regulations

Energy Performance Certificate (EPC) is mandatory for all rented properties in domestic and commercial sectors. The EPC rates properties from A to G. Properties for renting must have a minimum energy efficiency rating of E as per the existing regulations. The validity of the EPC is for a maximum of ten years. Property owner’s letting their property after this period must renew the Energy Performance Certificate.

Stricter energy efficiency rules are in the pipeline as the government attempts to move closer to achieving net-zero targets. From December 31st, 2025, all rental homes will require a minimum EPC rating of Band-C. The government will hike the fines for non-compliance from the existing £5,000 to a whopping £30,000.

The current scenario

With over 60% of private rental properties having an EPC rating of Band D or below, the landlords have an uphill task to achieve the mandatory rating of Band E. Failure to achieve the mandatory rating will prevent them from renting their property.

Landlords must prepare for stricter energy efficiency rules as the government is setting up a dedicated department or considering selling their properties or using these for storage.

Many tenants face the prospect of eviction if the landlord cannot afford the improvement to make the property compliant with the EPC regulations. These tenants cannot afford the rent on properties having a C rating.

 

The EPC regulations may be stricter from April 2023 as landlords will face legal consequences if they cannot improve the energy efficiency of rented properties as per Minimum Energy Efficiency Standards (MEES). Complying with energy efficiency standards is a slow and costly process. Time is running out for landlords who are yet to improve the EPC rating of their properties.

Checking the EPC of the property and assessing the need to make cost-effective improvements is the priority for landlords. Taking necessary steps to improve the EPC rating if it is below the Band-E is must. They should include the right to access the property for MEES compliance while granting new leases. Landlords may explore the possibility of recovering improvement costs through service charges.


Page 1: Ringley Group
Page 2: Leasehold Guidance
Page 3: Ringley FAQs
Page 4: Ringley Blogg

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Glossary of Terms
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Our parent company The Ringley Group has the following accreditations: ISO9001, ISO14001, ISO27001, ISO45001, and is a GOLD standard Investor in People and is regulated by the FCA and the RICS
Glossary of Terms
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Under Offer: This term applies to a property where the landlord is considering an offer but remains on the market. It implies that further offers may still be considered until the landlord formally accepts or declines the current offer.

Let Agreed: This term indicates that a landlord has provisionally agreed to enter into a rental agreement with a prospective tenant, pending additional checks and referencing. It doesn't require the prospective tenant to have paid a holding deposit.

Let: This term signifies an established binding rental agreement between the landlord and tenant.

For both lettings and sales, the guidance addresses additional terms:

New On The Market: This term is used for a property not advertised since its last sale or rental. It should only be used for a brief period.

New Instruction: It applies to a property assigned to an agent for marketing recently, even if it was previously listed with another agent without being sold or rented.

New and Exclusive: This term refers to a property that is either new on the market or a new instruction, exclusively available through a specific agent or portal.

New Method of Sale/Let: This term is used when a property is being marketed for sale or rent using an alternative approach to the original advertisement, such as transitioning to an auction or sealed bid.

Reduced: This term indicates that a property's price has recently been reduced. The reduction should be genuine and comply with the Chartered Trading Standards Institute's guidelines on pricing practices.