PART 2Tenants’ energy efficiency improvements

CHAPTER 1Interpretation of Part 2

Domestic PR property5

1

For the purposes of this Part, “domestic PR property” means a property which falls within section 42(1)(a) of the Act23, subject to paragraph (2).

2

A property is not a domestic PR property if it is, or forms part of, a building—

a

which falls within regulation 5(1)(c) of the EPB Regulations, or

b

to which regulations 6 and 7 of those Regulations do not apply, by virtue of regulation 8 of those Regulations.

Relevant energy efficiency improvements6

1

For the purposes of this Part, “relevant energy efficiency improvements” has the meaning given in section 46(4) of the Act, subject to paragraphs (2) and (3).

2

For the purposes of paragraph (a) in the definition of “relevant energy efficiency improvements” in section 46(4) of the Act, a relevant energy efficiency improvement is an energy efficiency improvement which—

a

falls within sub-paragraph (a) of the definition of “energy efficiency improvement” in regulation 2(1) and is listed in the Schedule to the Green Deal (Qualifying Energy Improvements) Order 201224, or

b

falls within sub-paragraph (b) of the definition of “energy efficiency improvement” in regulation 2(1).

3

For the purposes of paragraph (b)(iv) in the definition of “relevant energy efficiency improvements” in section 46(4) of the Act, an energy efficiency improvement is a relevant energy efficiency improvement where the cost of the improvement—

a

can be wholly financed, at no cost to the landlord, by means of funding provided by central government, a local authority or any other person,

b

can be wholly funded by the tenant making the tenant’s request, or

c

can be wholly financed by a combination of two or more of the financial arrangements in sub-paragraphs (a) and (b), and paragraph (b)(i) and (ii) in the definition of “relevant energy efficiency improvements” in section 46(4) of the Act.

Landlord and tenant7

In this Part—

a

“tenant” means—

i

a person to whom a domestic PR property is let under a tenancy which falls within section 42(1)(a) of the Act,

ii

any other person with a leasehold interest in a domestic PR property, other than a person who derives title to the domestic PR property from a tenant falling within sub-paragraph (i),

b

“landlord”—

i

in relation to a tenant falling within paragraph (a)(i), means a person who lets the domestic PR property to that tenant,

ii

in relation to a tenant falling within paragraph (a)(ii), means a person from whom that tenant directly derives title to the domestic PR property,

c

“superior landlord” means any person from whom a landlord of a domestic PR property derives title to the domestic PR property.