The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

CHAPTER 3Exemptions

Consent exemption

15.  Regulations 10(1) and 11(1) do not require a landlord, or a superior landlord (as the case may be), to consent to the making of a relevant energy efficiency improvement specified in a tenant’s request where, despite reasonable efforts by the landlord, or the superior landlord (as the case may be), any third party consent has been—

(a)refused, or

(b)granted subject to a condition with which the landlord, or the superior landlord (as the case may be), cannot reasonably comply.

Devaluation exemption

16.  Regulations 10(1) and 11(1) do not require a landlord, or a superior landlord (as the case may be), to consent to the making of—

(a)a relevant energy efficiency improvement, or

(b)a combination of two or more relevant energy efficiency improvements,

specified in a tenant’s request where a report prepared by an independent surveyor states that the relevant energy efficiency improvement, or combination of relevant energy efficiency improvements (as the case may be), would result in a reduction of more than 5% in the market value of the domestic PR property, or of the building of which it forms part.