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.