The following Property Q&A provides comprehensive and up to date legal information covering:
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:
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))
from 1 April 2023, a landlord may not continue to let such a property (MEES Regs 2015, SI 2015/962, reg 27(2)(b))
‘Let’ is expressed to include lease renewals (MEES Regs 2015, SI 2015/962, reg 27(2)(a)).
Under MEES Regs 2015, SI 2015/962 reg 22, an NDPR property is sub-standard where a valid EPC shows that the property is below
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