Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

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Published on LexisPSL on 19/10/2018

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

  • Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?
  • Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the MEES regulations post 1 April 2018?
  • Do the MEES regulations apply to tenancies at will?

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

This Q&A relates to non-domestic property.

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the MEES regulations post 1 April 2018?

We have been unable to find any reference to this in the legislation or guidance. However, the County Court decision in Walcott v Jones (not reported by LexisNexis®) may shed some light on the court’s likely approach. That case related to a residential monthly periodic tenancy and the question was whether a valid notice to quit had been served under the Housing Act 1988. For tenancies granted on or after 1 October 2015 before a valid notice to quit can be served, the landlord must have furnished the tenants with a gas safety certificate, an energy performance certificate and the DCLG 'How to Rent Booklet'. The issue before was whether a periodic tenancy is one continuous tenancy or whether a new tenancy is repeatedly being granted. The Central London County Court decided that it is inherent in the grant of a periodic tenancy is granted that it will continue beyond the original period, unless notice to quit is given. It

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