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

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Request for consent to relevant energy efficiency improvements

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8.—(1) A tenant may serve a notice on the landlord (a “tenant’s request”) requesting the landlord’s consent to the making of one or more relevant energy efficiency improvements to the domestic PR property.

(2) A tenant’s request must—

(a)specify the relevant energy efficiency improvements for which the landlord’s consent is sought,

(b)where it is made by a tenant falling within regulation 7(a)(ii), include written confirmation that any tenant of the property from whom third party consent is required has consented to those relevant energy efficiency improvements being made,

(c)where the tenant’s request specifies a relevant energy efficiency improvement which has been recommended in—

(i)a recommendation report,

(ii)a green deal report, or

(iii)a report prepared by a surveyor,

be accompanied by a copy of the report,

(d)be accompanied by—

(i)evidence of any funding secured by the tenant for making the relevant energy efficiency improvements,

(ii)where any relevant energy efficiency improvement is to be provided free of charge pursuant to an obligation imposed by an order made under section 33BC or 33BD of the Gas Act 1986(1) or section 41A or 41B of the Electricity Act 1989(2), evidence to that effect,

(iii)where the tenant proposes to wholly or partly fund the making of any relevant energy efficiency improvement, written confirmation of that,

(e)where the making of any relevant energy efficiency improvement is not to be funded through a green deal plan, be accompanied by a copy of a quotation for the cost of making the relevant energy efficiency improvement from a green deal installer, or installer who meets relevant installer standards,

(f)where the making of any relevant energy efficiency improvement is to be funded wholly or partly through a green deal plan—

(i)identify the green deal installer, or installer who meets relevant installer standards, who the tenant proposes will make the relevant energy efficiency improvement,

(ii)request that the landlord gives any confirmation which must be obtained from the landlord by virtue of regulation 36 of the Framework Regulations, and

(iii)be accompanied by any confirmation which must be obtained from a person other than the landlord by virtue of regulation 36 of the Framework Regulations, and

(g)specify what works, if any, the tenant will undertake to make good the domestic PR property after the relevant energy efficiency improvements are made, and confirm that such works (if any) will be carried out at the tenant’s expense.

(3) Where a landlord lets two or more domestic PR properties in the same building—

(a)the tenants of two or more of those properties may together serve a tenant’s request on their landlord in relation to the properties let to them, and

(b)any reference in these Regulations to a tenant’s request includes a reference to such a tenant’s request.

(1)

1986 c.44. Section 33BC was substituted by section 99 of the Utilities Act 2000, and amended by section 15 of, and paragraphs 1 and 2 of the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c.19), by paragraph 1 of Schedule 8 to the Climate Change Act 2008 (c.27), by section 66 of the Act, and by S.I. 2014/631. Section 33BD was inserted by section 68 of the Act.

(2)

1989 c.29. Section 41A was substituted by section 70 of the Utilities Act 2000, and amended by section 16 of, and paragraphs 4 and 5 of the Schedule to, the Climate Change and Sustainable Energy Act 2006, by paragraph 3 of Schedule 8 to the Climate Change Act 2008, by section 67 of, and paragraph 4 of Schedule 1 to, the Act, and by S.I. 2014/631. Section 41B was inserted by section 69 the Act.

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