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Private rented tenants in England and Wales
If you are a private renter, you usually require your landlord’s consent to carry out energy efficiency improvements to the property. Measures you can request are from a prescribed list and include boilers, hot water and heating systems, draught proofing, wall insulation and solar panels. It can also include installation of pipes to connect to the gas grid if the property is within 23 metres of a relevant gas main.1Reg 2(1) EE(PRP) Regs The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 sets out a statutory scheme to make it easier to obtain the required permission from your landlord for specified improvements.
Your landlord, and any superior landlord whose consent is required, must not unreasonably refuse consent to the improvements unless an exemption applies, or the landlord proposes alternative energy efficiency measures.2Reg 10(1) EE(PRP)(EW) Regs
Arranging the funding is your responsibility. See Chapter 12 for funding sources if you cannot pay for the work yourself. You must ensure that there are no upfront costs to the landlord, unless the landlord agrees to contribute.
You are entitled to apply if you rent your home under:3Under reg 2 Energy Efficiency (Domestic Private Rented Property) Order 2015 applying s42(1) Energy Act 2011
    an assured tenancy under the Housing Act 1988;
    a regulated tenancy defined under the Rent Act 1977;
    certain agricultural tenancies.
Tenants’ energy efficiency improvements request process
Step one: consider the energy efficiency measure you would like installed and how you would fund the cost of the measure and installation. Check if you can get help from the schemes detailed in Chapter 12.
Step two: make a formal written request to your landlord or their agent to ask for permission for the measure. You must state:4Regs 3 and 8 EE(PRP)(EW) Regs
- the measure you wish to install;
- the works you will carry out (eg, redecoration) to ensure the property is returned to its original condition after the installation;
- details of a funding plan, if relevant.
You must include relevant documents about the measure (eg, an EPC) and evidence of funding or details of how it may be achieved free of charge. Where the consent of another tenant or third party in the property is needed, a copy of that consent should be included. Two or more tenants in the same premises can serve a joint written request.5Reg 8(3) EE(PRP)(EW) Regs
Step three: your landlord must then consider the request and obtain any further advice, evidence or consents needed. S/he should respond to you within one month to consent, refuse or offer a counter proposal.6Reg 12 EE(PRP)(EW) Regs
Step four: consider your landlord’s response, whether you wish to accept it or whether you wish to renegotiate. You can appeal to the First-tier Tribunal if you think the landlord has not complied with the regulations (see below).
Once the measure is installed, it becomes part of the property’s fixtures and fittings and so you cannot remove it at the end of your tenancy unless this is agreed with the landlord at the time the consent is granted.
You cannot make a request in certain circumstances,7Reg 9 EE(PRP)(EW) Regs including where you have arranged Green Deal improvements within the previous six months or where you have served notice to end the tenancy.
It remains open to you and your landlord to make more informal energy efficiency arrangements if preferred.
1     Reg 2(1) EE(PRP) Regs »
2     Reg 10(1) EE(PRP)(EW) Regs »
3     Under reg 2 Energy Efficiency (Domestic Private Rented Property) Order 2015 applying s42(1) Energy Act 2011 »
4     Regs 3 and 8 EE(PRP)(EW) Regs »
5     Reg 8(3) EE(PRP)(EW) Regs »
6     Reg 12 EE(PRP)(EW) Regs »
7     Reg 9 EE(PRP)(EW) Regs »
Challenging a decision
If you are not satisfied that your landlord has complied with the regulations, there is a right to an appeal to the First-tier Tribunal (General Regulatory Chamber).1Reg 17 EE(PRP)(EW) Regs It is recommended that you initially try to resolve the matter direct with your landlord, and seek advice before progressing to the tribunal.
You can apply to the First-tier Tribunal within 28 days from the date of your landlord’s response. If your landlord has not responded, this is 28 days from the last date s/he should have replied by. Note that there is a charge of £100 to appeal.
1     Reg 17 EE(PRP)(EW) Regs »