Q&As

A landlord is granting a lease renewal of a domestic property. There is no Energy Performance Certificate at the moment as this is a lease renewal (and there has never been an EPC due to the length of lease and the renewal). Will the landlord be required to commission an EPC in April 2020 in order to check that the property complies with the minimum energy efficiency standards regulations or does the fact that there is no EPC required at the moment mean that an EPC will not be required in April 2020?

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Published on LexisPSL on 30/08/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord is granting a lease renewal of a domestic property. There is no Energy Performance Certificate at the moment as this is a lease renewal (and there has never been an EPC due to the length of lease and the renewal). Will the landlord be required to commission an EPC in April 2020 in order to check that the property complies with the minimum energy efficiency standards regulations or does the fact that there is no EPC required at the moment mean that an EPC will not be required in April 2020?
  • Is an EPC required on lease renewal for a domestic property?
  • If there is no EPC for a domestic property, does the landlord need to commission an EPC in April 2020 to check that the property complies with the minimum energy efficiency standards (MEES) regulations?

Is an EPC required on lease renewal for a domestic property?

An Energy Performance Certificate (EPC) gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation, which looks at a number of factors such as the age and type of building and its construction, insulation and heating systems.

Energy Performance of Buildings (England and Wales) Regulations 2012 (EPB Regs 2012), SI 2012/3118, reg 6 provides that (subject to certain exemptions) an EPC must be provided to a tenant when a building is rented out. That regulation came into force on 9 January 2013.

Notwithstanding the provisions of EPB Regs 2012, SI 2012/3118, reg 6, the current Government guidance on Energy Performance Certificates for the marketing, sale and let of dwellings provides that an EPC is not required on a lease renewal or extension.

However, if the renewal lease is an AST granted after 1 October 2015, the landlord will need to have provided the tenant with an EPC before the landlord can serve a section 21 notice. See Q&A: Following the end of the transitional provisions for section 21 procedures on 30 September 2018, do all landlords need to provide Energy Performance Certificate, Gas Safety Certificate and prescri

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