Agents, landlords warned over new AirCon legislation

A chartered surveying firm is warning letting agents, landlords and tenants that new EU legislation may require changes to air conditioning systems.

On January 1 EU legislation kicks in banning the use of R22 - a low-temperature refrigerant - in air conditioning systems. The firm, CS2 Chartered Surveyors, is warning agents and landlords that it is critical to have a plan to update aircon systems if necessary.

The firm advises that tenants should check dilapidations requirements in their leases as they may be liable for keeping the system in repair. This may mean ensuring the system is fully operational and that there is enough R22 before the deadline to see the system through until their lease expires - or they may have to foot the bill for a new system.

We expect to see many disputes on this issue over the next few years says a statement from CS2.

For landlords and agents acting on their behalf, the advice is to check whether the system has been upgraded already or whether as a new buyer you will have that (potentially costly) liability.

Both landlords and tenants will need to thoroughly consider the wording of their leases to establish who will meet the expense, with repair clauses and statutory compliance clauses being particularly relevant says CS2.

The surveyors say that besides coming into compliance with the new legislation, there are benefits of replacing systems - reduced energy consumption, smaller maintenance bills and increased service life compared to the old systems.