On 22nd June legislation came into force to delay the dates on which landlords may register exemption from minimum energy efficient requirements for private rented properties. The date for this registration was 1st October 2017 for domestic private rented properties.
There are three exemption categories into which landlords can register:-
1. The consent exemption – available if within the proceeding five years the landlord is unable to increase an EPC to band E as a result of a tenant refusing to consent to relevant energy efficient improvements, or refusing to give a confirmation that is needed before a landlord can enter into a Green Deal Plan for funding for the relevant energy efficient improvements or if despite reasonable efforts by the landlord to obtain any necessary third party consent, that consent is refused or granted subject to conditions for which the landlord cannot reasonably comply with. For this exemption the landlord must have registered information concerning the exemption in the PRS Exemptions Register.2 De-Valuation Exemption – This exemption applies if within the preceding five years the landlord cannot increase the EPC rating of a property to band E by making relevant efficient improvements because the landlord has obtained a report from an independent surveyor which states that making the relevant energy efficient improvements which result in a reduction of more than 5% in the market value of the property or of the building of which it forms part. For this exemption the landlord must once again register information concerning the exemption in the PRS Exemptions Register.