Landlords wanting to replace broken boilers in their rental properties are set to be forced by law to install other, unrelated energy-efficient measures.
Other work, for example glazing and extensions, could also be affected by government plans for ‘consequential improvements’ – meaning that one project could not be undertaken without the property owner having to commit to other work elsewhere in the home.
For example, anyone wanting to add an extension or convert a loft might have to upgrade existing windows in other parts of the property to double glazing.
All consequential improvements would have to be done to full Building Regulations standards, although it is not clear whether in an emergency – for example, replacing a boiler – consequential works would have to be done at the same or could be done later.
If it is decided that consequential work must be done at the same time, it could mean delays for tenants left without hot water or heating.
Under Chapter 4 of a consultation on Building Regulations, the Government is proposing to extend the requirements for ‘consequential improvements’.
This is the term that would trigger a requirement for extra energy efficiency works in a building where other ‘controlled work’ is already taking place.
The consultation says: “The reason for proposing these changes now is to recognise the urgency of reducing emissions from the existing building stock, and, in a time of rising energy prices, to make homes and non-domestic buildings easier and cheaper to heat. It would also take advantage of a new market mechanism which has the potential to remove some of the existing barriers to action – the Green Deal.”
The paper goes on to say that the objective is to ‘use the opportunity’ to get the overall energy performance of the building improved whilst other works are being carried out.
The Government plans to phrase in the requirement for ‘consequential improvements’ from April 2014.
The consultation on ‘consequential improvements’ closed at the end of March, and the outcome will not be known for some months.
The private rented sector already faces the challenges being posed by new-look EPCs, introduced last week, and the Green Deal, which is due to be implemented this autumn. In 2018, rental properties with the two lowest EPC scores are due to be banned from the market, meaning that landlords must have improved them by then.
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Comments
IHS -
Section 11: I entirely agree that a landlord has to replace the boiler - it is the time delay that may occur if he has to carry out consequential improvements beforehand and obtain building control consent. How long is a tenant supposed to wait without any heating in the depths of winter?
Fourth paragraph -
All consequential improvements would have to be done to full Building Regulations standards, although it is not clear whether in an emergency – for example, replacing a boiler – consequential works would have to be done at the same or could be done later.
This article speaks of ‘consequential improvements’ meaning other, unrelated energy-efficient measures alongside installing the boiler. Hopefully common sense will prevail and clarify the overriding priority is to replace the boiler first!
Now, I'm off to take a nap......
@DavidCameronwetliberal
No - but the tenants might!
Still, doesn't look as if you would have much sympathy anyway.
Why the hell is everyone banging on about Section 11 of the blah blah act?
Does anyone seriously think any landlord is going to give a toss about this crap? Wake up FFS.
@ Industry Observer
EPC's: I have at least one EPC where the present rating is Band G and the recommended DEA improvements of installation of a condensing boiler and additional insulation still only bring it into Band F. According to the DEA the only way it will reach Band E is by the fitting of solar panels and a wind turbine!
Section 11: I entirely agree that a landlord has to replace the boiler - it is the time delay that may occur if he has to carry out consequential improvements beforehand and obtain building control consent. How long is a tenant supposed to wait without any heating in the depths of winter?
@IHS
You are correct Sir if a Landlord has complied with all the recommendations in an EPC then if it is still rated F or G then he can continue to let post April 2018. But I stand by my earlier comment comply with major rtecommendations like that and I would have thought the EPC asset rating is bound to shoot up at least one band if not two
On your s11 point I am confused and don't see the relevance. s11 is s11 and if a Landlord does not discharge those obligations then a tenant will always win in a set-off counterclaim in Court.
Where does Green Deal come in and inability to replace the boiler. Under s11 the Landlord has to do so. If for some reason he does not get any grany money because it was not a recommendation in an EPC then that is, as they say, tough.
He still has to replace the boiler.
Assume heating engineers will have to obtain some proof of energy performance of property before they can legally install a new boiler. Will this mean an owner/occupier will have to obtain an EPC at this point?
NB there is also a plan afoot to to ban oil fired and Calor gas fired boilers in new builds where no mains gas is available - wonder where they will get all the wood from!
First thought is what the hell is this country coming to? More like a dictatorship every day.
Second thought is just replace the boiler - don't tell them. No doubt there will be another piece of legislation forcing suppliers to report when a boiler is sold. just like they do with television sets. This brings me back to the first thought.
@Industry Observer
Section 11 could be relevant if a tenant stops paying his/her rent or breaks the agreement because they have no heating and hot water and the matter ends up in court. The tenant will claim that the landlord has a repairing obligation under Section 11 and the landlord will claim he cannot replace the boiler until he complies with the Green Deal legislation.
Lets hope these 'what/ifs' are sorted out before the legislation is introduced and not left, as is often the case, for the courts to decide.
@IHS
Not sure that is correct I will investigate.
Far as I am aware Landlords are being given donkeys years to get F and G asset rated properties up to E minimum and if they don't then they cannot be let.
One assumes that the DEA using hatever formula must be laid down for these things e.g. how many extra points does a new boiler score, how many for central heating, how many for new double glazing and therefore the rating is bout to change bands accordingly.
It would be complete nonsense for a landlord to do all that was recommended and then find his property still fell short - that drives a cart and horses though the whole basis of the scheme - doesn't it.
Will research
As I understand it landlords will be allowed to continue to let their properties after 2018 as long as they have complied with the recommendations of the Energy Advisor as stated in the EPC even though the improvements still leave the rating below the minimum. I notice that some of our EPC's recommend solar panels & wind turbines as well as the more conventional improvements.!
The whole raison d'etre to this is contained in the 8th paragraph juust below centre, and reinforced in the final paragraph.
@ Ray Evans
No point installing a new boiler from an energy efficiency viewpoint if the property still then rates F or G on an EPC asset rating.
This is obviously a back door and linked proposal for Green Deal targets. From that angle it actually makes a bit of sense.
There is no conflict with s11 1985 Act this would in effect just be an extension of it but under other Statute/Regs. As far as red tape is conmcerned it obviously makes sense to have all buildings under one set of Regs and compliant with them.
A free country? Democratic? This country is in a complete mess over almost everything - not just property legislation. Common sense and an understanding of the real world among major party politicians has all but vanished.
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Thought this government was commited to reducing red tape and making our lives simpler. Simplify the planning laws and complicate building repairs
Section 11 of the the Landlord and Tenant Act 1985 (repairing obligations in short leases) states that a landlord has an obligation 'to keep in repair and working order those installations in the dwelling house for space heating and heating water'.
A conflict developing here methinks!