The regulations apply to the domestic private rented sector in England and Wales. This is defined in section 42 of the Energy Act 2011 as: properties let under an assured tenancy for the purposes of the Housing Act 1988, or a tenancy which is a regulated tenancy for the purposes of the Rent Act 1977.
The Government has added additional tenancy types, prescribing the following properties to bring them within scope of the regulations:
(a) on a tenancy which is an assured agricultural occupancy for the purposes of section 24 of the Housing Act 1988
(b) on a protected tenancy within the meaning given in section 3(6) of the Rent (Agriculture) Act 1976, or
(c) on a statutory tenancy within the meaning given in section 4(6) of the Rent (Agriculture) Act 1976.
The basic premise of the document is that from April 1, 2016, domestic tenants will have the right to request consent to make energy efficiency improvements under the regulations that have been laid before Parliament. Landlords would need to provide a response to a tenant’s request within one month.
The minimum energy efficiency standard applied to all categories of domestic private rented property will be set at E energy performance, in line with the non-domestic sector. From April 1, 2018, the regulations will apply upon the granting of a new tenancy to a new tenant or a new tenancy to an existing tenant, extending from April 1, 2020, to all privately rented property within the scope of the regulations.
But, crucially, there is the ability for landlords to seek exemptions. The essential paragraph reads:
Where a landlord considers an exemption applies allowing them to let their property below the minimum energy efficiency standard, the