This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Requests for energy efficiency improvements

This content applies to England & Wales

Tenant's power to request landlord's consent for relevant energy efficiency improvements.

What is a relevant energy efficiency improvement?

From 1 April 2016, a private-sector tenant can request their landlord's consent for a relevant energy efficiency improvement in their home. A relevant energy efficiency improvement includes draught proofing, cavity wall insulation, the installation of heating and hot water controls such as timers and thermostats, and replacement glazing.[1]

To be a relevant energy efficiency improvement it must be wholly financed by:[2]

  • means of funding provided by central government, a local authority or any other person
  • the tenant
  • a combination of the above two arrangements.

As such, a request will only be 'relevant' if it is of no cost to the landlord.

The tenant's request must:[3]

  • be in writing (it can be posted)
  • specify the improvements for which consent is being sought.

Which tenancies are covered?

The power to request a relevant energy efficiency improvement is limited to private-sector tenants of properties let under:[4]

  • an assured or assured shorthold tenancy
  • a regulated tenancy.

The Secretary of State can extend the power to request an improvement to other types of tenant.[5] To date, the power has been extended to specified tenancies granted to agricultural occupiers.[6]

Tenancies let by private registered providers of social housing are excluded.[7]

When a landlord can refuse consent

A landlord can only refuse consent to a relevant energy efficiency improvement on limited grounds.[8] This includes when the request was made after the:

  • tenant had served a notice to quit
  • landlord had served a notice to end the tenancy and possession proceedings may be brought.

A landlord can also refuse consent if the improvements would result in a reduction of more than five per cent in the market value of the property.[9]

[1] s.2(1) Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962; Sch.1 Green Deal (Qualifying Energy Improvements) Order 2012 SI 2012/2105 as amended by Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014/2020.

[2] reg 6 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962.

[3] regs 3 and 8 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962.

[4] s.42(1) and (2) Energy Act 2011; reg 5 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962.

[5] s.42(1)(a)(iii) Energy Act 2011.

[6] reg 2 Energy Efficiency (Domestic Private Rented Property) Order 2015 SI 2015/799.

[7] s.42(2)(c) Energy Act 2011.

[8] reg 9 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962.

[9] reg 16 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 SI 2015/962.

Back to top