Q&As

A landlord is planning to renew a lease of a non-domestic private rented premises to an existing tenant. The premises does not have an energy performance certificate (EPC). Does the landlord need to obtain an EPC on renewal of the lease to the existing tenant?

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Published on LexisPSL on 12/12/2019

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

  • A landlord is planning to renew a lease of a non-domestic private rented premises to an existing tenant. The premises does not have an energy performance certificate (EPC). Does the landlord need to obtain an EPC on renewal of the lease to the existing tenant?

A landlord is planning to renew a lease of a non-domestic private rented premises to an existing tenant. The premises does not have an energy performance certificate (EPC). Does the landlord need to obtain an EPC on renewal of the lease to the existing tenant?

It is assumed that the lease is being granted pursuant to the Landlord and Tenant Act 1954 (LTA 1954).

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, reg 6 provides that where a building is to be sold or let, a valid energy performance certificate (EPC) must be made available.

Guidance produced by the Ministry of Housing, Communities and Local Government in respect of EPCs for the construction, sale and let of non-dwellings (the EPC guidance for non-dwellings, (Ch 3) states that the duties in respect of providing an EPC during the sale or renting process (ie under EPC Regs 2012, SI 2012/3118, reg 6) do not apply to lease renewals (see Chapter 3 of the EPC guidance for non-dwellings).

However, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 27 provides that:

  1. from 1 April 2018, a landlord must not let sub-standard non-domestic private rented (NDPR) property (MEES Regs 2015, SI 2015/962, reg 27(2)(a))

  2. from 1 April 2023, a landlord may not continue to let such

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