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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 No. 962

Compliance notices

This section has no associated Explanatory Memorandum

37.—(1) An enforcement authority may, on or after 1st April 2018, serve a notice (a “compliance notice”) on L where L appears to it to be, or to have been at any time within the 12 months preceding the date of service of the compliance notice, in breach of one or more of the following—

(a)regulation 23,

(b)regulation 27,

requesting such information as it considers necessary to enable it to monitor compliance with this Part.

(2) A compliance notice may in particular request L to produce for inspection originals, or copies, of the following—

(a)the energy performance certificate for the property which was valid at the time the property was let,

(b)any other energy performance certificate for the property in L’s possession,

(c)any current tenancy agreement under which the property is let,

(d)any qualifying assessment in relation to the property,

(e)any other document which the enforcement authority considers necessary to enable it to carry out its functions under this Part,

and may request L to register copies of any of them on the PRS Exemptions Register

(3) A compliance notice must specify—

(a)the name and address of the person to whom the documents or other information required must be provided, and

(b)the date by which they must be provided which must be no less than one month from the date on which the compliance notice is served.

(4) L must—

(a)comply with the compliance notice, and

(b)allow the enforcement authority to take copies of any original document produced.

(5) A compliance notice may be varied or revoked in writing at any time by the enforcement authority that issued it.

(6) An enforcement authority may take into account any information held by it, whether or not provided to it in accordance with this regulation, in determining whether L has complied with this Part.

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