Landlords unable to refuse energy efficiency improvement requests

As long as the tenant is able to fund the works, and there is no upfront costs to the landlord (unless they are willing to contribute) the landlord is not able to unreasonably refuse consent.

A tenant can request for:

• The installation of pipes to enable a connection to the gas grid
• Air source heat pumps
• Biomass boilers
• Biomass room heaters (with radiators)
• Cavity wall insulation
• Chillers
• Cylinder thermostats
• Draught proofing
• Duct insulation
• Gas-fired condensing boilers
• Ground source heat pumps
• Hot water showers
• Hot water systems
• Hot water taps
• External wall insulation systems
• Fan-assisted storage heater
• Flue gas heat recovery devices
• Heating controls for wet central heating systems or warm air systems
• Heating ventilation and air-conditioning controls (including zoning controls)
• High performance external doors
• Hot water controls (including timers and temperature controls)
• Hot water cylinder insulation
• Internal wall insulation systems (for external walls)
• Lighting systems
• Fittings and controls (including rooflights, lamps and luminaires)
• Loft or rafter insulation (including loft hatch insulation)
• Mechanical ventilation with heat recovery systems
• Micro combined heat and power
• Micro wind generation
• Oil-fired condensing boilers
• Photovoltaics
• Pipework insulation
• Radiant heating
• Replacement glazing
• Roof insulation
• Room in roof insulation
• Sealing improvements (including duct sealing)
• Secondary glazing
• Solar blinds, shutters and shading devices
• Solar water heating
• Transpired solar collectors
• Under-floor heating
• Under-floor insulation
• Variable speed drives for fans and pumps
• Warm-air units
• Waste water heat recovery devices attached to showers
• Water source heat pumps

The tenant must supply the following:

• A list of relevant energy efficiency measures that they wish to install.
• What works they will carry out, if any, to ‘make good’ the property so it is returned to its original condition following the installation of the proposed improvements, and confirmation that you will cover the cost
• Where you propose to use a Green Deal plan to partially or fully fund the improvements you must also include details of the Green Deal installer or installer that meets relevant installer standards you intend to use to install the proposed measures, a request for your landlord to provide consent for the Green Deal Plan, where applicable, a request for a third party to give consent for the Green Deal Plan - for example the freeholder of the property.
• Details of if the improvement that they are requesting was recommended in an EPC recommendation report, a Green Deal advice report or a report prepared by a surveyor, (a copy must be provided with the request).
• Evidence of the funding that has been secured to cover the cost of installing the energy efficiency improvements, such as a grant offer letter
• Evidence where the improvements may be installed and funded under a supplier obligation such as the Energy Company Obligation.
• Written confirmation that you propose to fully or partially fund the energy efficiency improvements yourself
• Where applicable, confirmation of the Green Deal Plan that will be used to fund the proposed measures, if you do not intend to use a Green Deal Plan to fund the proposed improvements, a copy of the quotation for the cost of installing the measures from a Green Deal installer or another installer that meets relevant installer standards.

If the tenant does not supply all of the required information, the landlord has grounds for refusing consent.

Tenants in England and Wales are able to take advantage of the new regulations, and all properties let under an assured tenancy, or a tenancy or shorthold that is a regulated tenancy for the purpose of the Rent Act 1977 are covered. However, if a property does not require an EPC (if it is listed, certain HMO variations etc) landlords do not have to consent to any requests.

Landlords are able to provide a counter offer should the proposed improvements provide the same or similar cost savings on energy bills.

The regulations have been brought in in order to encourage better energy performance across the private rental sector, before the advent of the new energy performance rule in April 2018, which will require all privately let properties to have an EPC rating of at least an E or above.
More information on the scheme is available here