Unlawful Tenancy under Energy Performance Certificate

Subject to exceptions, it is unlawful to let a residential property which has an energy efficiency rating lower than E (Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, S.I. 2015/692; regs.22, 23). A breach entitles a local authority to impose a financial penalty of up to £4,000. There is a right of appeal to the First-Tier Tribunal.

In Cavendish Lettings Ltd v Nottingham CC, the appellant had a let a property in breach of the above regulations and the local authority imposed a penalty of £3,420. The appellant appealed to the FTT asking for the penalty to be quashed because it was willing to do the necessary remedial works. In Dawson, the appellant had similarly let a property in breach of the 2015 regulations and the local authority had imposed a penalty of £1,200. He appealed, contending that – aside from the poor energy efficiency – the property was in good condition. He also alleged that the local authority had behaved in a rude manner.

The appeals were dismissed. Whilst the appellant in Cavendish Lettings Ltd was now prepared to do the necessary works, there had been a lengthy period of non-compliance which justified the penalty imposed. In Dawson, the appellant had not addressed the central issue, namely his decision to let a property which fell below the minimum energy standards. His allegation that the local authority was rude was (even assuming it was true) not relevant to his underlying unlawful conduct.

Oliver Kew

Published on 07/11/2023