Time Running Out for Landlords Meeting New EPC Rules (April 2020)

You are no longer able to create new tenancies in England and Wales without an EPC rating of E or above. From 1st April 2020, the new rules apply to existing tenancies. Over one million dwellings would not currently pass the new rules, and could face huge fines.

What Are the EPC Changes?

Landlords need to get a new Energy Performance Certificate (EPC) certificate every ten years. Each certificate has a grade from A to G, rating the building’s energy efficiency.

Back in 2015 legislation was passed that means, from April 2018, both domestic and non-domestic properties in England and Wales have had to meet a minimum energy efficiency standard (MEES).

The minimum efficiency standard is set at an E rating for all types of domestic and non-domestic property.

England and Wales EPC rating distribution
Number of properties with each grade

So which properties do the new EPC rules apply to?

  • Domestic properties in the private rental sector
  • On a lease between 6 months and 99 years
  • In England and Wales.
  • (Scotland has similar legislation in place already)

Without an EPC rated E or above, landlords face civil and criminal penalties for signing a new tenancy, or renewing an existing tenancy, from 1st April 2018.  There are fines of up to £5,000 per property for landlords that are found in breach of the legislation.

Do the EPC Changes Affect Current Tenancies or just New Lets?

The 2018 rules only applied for new tenancies. Since 1st April 2020, the same rules have applied to all tenancies.

April 2018 Changes

After April 2018, if your minimum term ends, but you still have a contract in place, the rules won’t suddenly apply to your tenancy. Even if your last rating was below an E, you will be OK as long as you don’t renew your tenancy.

After your minimum term expires, your tenancy can run on as a periodic tenancy without renewal. Read more about what happens at the end of your minimum term here.

April 2020 Changes

On 1st April 2020, the new MEES rules expanded to all existing lets. From this point, an EPC rating of an E or above is required to let your property at all.

Even if your tenancy is already underway and you have no plans to renew, from 1st April 2020, you need to have an EPC rating of E or above or you could face fines.

Need to order your EPC? Our suppliers cover the UK with great prices.

Order your EPC here

What Should I Do If My Rental Property Has an EPC that Is Lower than an E Rating?

If your last EPC rating was below an E, the first thing to do is to get an up-to-date EPC carried out. You can order a comprehensive EPC report with OpenRent.

EPC calculations are changing all the time and it is possible that you will receive a different rating to the one you got several years ago. If the property’s new EPC rating is still below an E, then you will need to make efficiency improvements to boost your rating before you let it out or renew your contract.

Your EPC report will have a list of recommended measures for improving your property’s energy efficiency performance. You will need to carry out enough of these measures to improve your score to above an E rating.

Example of EPC recommendations for improving domestic property energy efficiency

The recommendations in the table are cumulative. In other words, the rating in the ‘Rating After Improvement’ column shows you what the rating would be if you carried out that improvement and all the improvements above it in the table.

Speak to your EPC assessor if you are unsure about how to proceed with improvements. After the energy efficiency changes have been made to the property, you will then need to get another EPC to show the new energy rating.

Exemptions to New EPC Rules

In England and Wales, there are over one million domestic buildings with an EPC rating of F or G – that’s around 6% of properties.

There are some exceptions as to which properties must comply with the new regulations. These will only apply in a small number of cases. If one of these apply, you can register for an exemption on the PRS Exemptions Register.

  • Devaluation: The required improvements will either cause damage or reduce the value of the property by 5% or more.
  • Consent: It is not possible to gain the consent for the works to be completed required from the tenant, lender or superior landlord.
  • Cost: The identified improvement measures are not cost-effective, either within a seven year payback, or under the Green Deal’s Golden Rule.

Get Help on the Phone

You can call the government-backed Simple Energy Advice service on 0800 444202 for advice and information about what support is available in your area, and whether you would qualify for any financial assistance in making efficiency improvements.

Need to order your EPC? Our suppliers cover the UK with great prices.

Order your EPC here

Start the discussion at community.openrent.co.uk

This article is not intended to form legal or investment advice. Investments in property are not guaranteed and can decrease in value as well as increase.

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