Tenants Rights to Request Energy Efficient Homes  

With growing concerns about climate change and energy consumption, energy efficiency has become a priority for governments and individuals worldwide. As the government looks to accelerate the process of improving energy efficiency in the private rental sector (PRS), tenants have more power to request energy performance improvements when a property is in breach. Tenants living in rented properties, have rights when it comes to requesting energy efficiency improvements from their landlords. This blog post will discuss the various rights that tenants have, how they can approach their landlords, and the benefits of making their rented homes more energy efficient. 

Minimum Energy Efficiency Standards (MEES) 

In the UK landlords are legally required to ensure their properties meet minimum energy efficiency standards. For example, currently privately rented properties must have an Energy Performance Certificate (EPC) rating of at least E and this is expected to increase to C by 2025. This standard ensures that tenants live in homes that are relatively energy efficient and comfortable. Tenants have the right to request that their landlord make the necessary improvements if property doesn’t meet these standards.  

Requesting Energy Efficiency Improvements 

Tenants have the right to request reasonable energy efficiency improvements from their landlords. Some examples of energy efficiency improvements include upgrading insulation, installing double glazed windows or replacing old inefficient heating systems. 

While landlords must consider these requests, they are not obligated to make improvements if they can prove that doing so would be unaffordable or cause a decrease in the property’s value. In such cases, it’s important to explore alternative solutions and work together to find a mutually beneficial solution. 

Financial Assistance and Government Grants 

In some cases, tenants and landlords may be eligible for government grants or financial assistance to help cover the cost of energy efficiency improvements. Programs like the Energy Company Obligation (ECO) in the UK provide financial support for energy efficiency measures for low-income households, occupants in receipt of certain benefits or those living in fuel poverty. 

Before approaching the landlord with a request, tenants should research available grants or financial assistance programs available. This information can be a valuable tool when discussing potential improvements with the landlord. 

Protection from Retaliatory Eviction 

Tenants have the right to request energy efficiency improvements without fearing retaliation from landlords. The law protect tenants from retaliatory eviction, meaning that landlords cannot evict tenants simply because they have requested energy efficiency measures.  

The Right to a Habitable Environment 

Tenants have the right to live in a safe and habitable environment which includes adequate heating and insulation to maintain a comfortable living temperature. If the property is poorly insulated or energy inefficient, causing discomfort or health issues, tenants have grounds to request improvements from their landlord. 

It is however important to consider the potential impact of increased demands for energy performance improvements on rent payments and how this could potentially disadvantage tenants. The specific terms of a tenant’s contract may also impact their ability to make requests for improvements. One question that needs to be answered is whether or not tenants would be able to recognise when a rental home is in violation of the PRS regulations. Because of the potential complexity of these regulations, it is possible that many tenants will lack either the knowledge or the expertise necessary to identify a violation.  

Tenant Awareness and Recognising PRS Regulation Violations 

Tenants may not always be aware of the specific details of the Private Rented Sector (PRS) regulations, making it difficult for them to identify when their rental property is in violation. To address this issue, it is crucial for tenants to educate themselves on the regulations and seek professional advice with regards to landlords meeting the required standards. 

Managing Frivolous Complaints and Protecting Landlords 

The possibility of tenants lodging frivolous or unfounded complaints against landlords is a legitimate concern. To mitigate this issue, the government should consider implementing a system for managing and evaluating complaints to ensure they do not place an undue burden on landlords. 

Compensation for Tenants in Breach of PRS Regulations 

For tenants who have been living in a property where the landlord has violated the PRS regulations and has made no effort to rectify the situation, monetary compensation may be considered by regulators. Rent repayment orders can provide financial redress for tenants, covering a maximum period of twelve months or the duration of the breach if no remedial action has been taken. Landlords may also be at risk of being placed in the Rogue Landlord Database 

Balancing Energy Efficiency Demands and Rental Costs 

While it is essential for tenants to advocate for energy efficient rental properties, increased demands for improvements may inadvertently lead to higher rent payments. This puts tenants in a difficult position as the benefits of improved energy efficiency could be offset by higher living costs.  

Landlords, facing increased expenses due to energy efficiency upgrades might pass these costs on to tenants in the form of higher rent. This unintended consequence could disproportionately affect low income tenants who may already struggle to afford their housing expenses 

In order to strike a balance between advocating for energy efficiency and maintaining affordable rent tenants and landlords  must work together to develop solutions. Government incentives and subsidies for landlords to invest in energy-efficient improvements could help minimize the financial burden on both landlords and tenants. Additionally, educating tenants about cost-effective energy saving measures and practices can empower them to lower their energy consumption without needing significant property improvements. 

Impact of Tenancy Agreements on Improvement Requests 

The specific terms of a tenant’s contract can influence their ability to request energy efficiency improvements. For example, tenants with an assured shorthold tenancy may be responsible for replacing fundamental resources like light bulbs. It is crucial for tenants to understand their rights and responsibilities under their specific tenancy agreements before making any improvement requests. 

Understanding the terms of their tenancy agreement helps tenants to know which improvements they can request and which ones are their own responsibility. This can prevent potential conflicts between tenants and landlords and facilitate a more amicable relationship.  

In some cases tenants may be able to negotiate energy efficiency improvements with their landlords during the renewal of their tenancy agreement. This can provide an opportunity for both parties to discuss potential upgrades and determine who will be responsible for the costs involved.  

Tenants can also educate themselves on energy saving practices and low cost improvements that can be implemented without requiring landlord approval. Simple measures like using energy efficient light bulbs, sealing drafts and using energy-saving appliances can make a significant difference in reducing energy consumption and lowering utility bills. By taking these small steps tenants can contribute to a more energy efficient rental property and enjoy the benefits of lower energy costs. 

Human Habitation Act 2018 

Under the Fitness for Human Habitation Act 2018, tenants already have the right to request that their landlord carry out energy performance improvements if the property is in breach of regulations. This includes hazards such as excess cold which can affect the hygrothermal conditions of a property and make it uninhabitable. 

The Act aims to ensure that all rented properties are fit for human habitation and meet basic health and safety standards. Landlords have a legal obligation to provide properties that are free from hazards and meet certain standards of repair, efficiency and safety. 

However, while tenants do have the right to make requests for energy performance improvements, there are concerns about their ability to navigate the complex regulations and identify breaches in the first place. It is also important to consider how false or vexatious complaints against landlords can be prevented. 

Tenant Awareness and Recognizing PRS Regulation Violations 

Tenants may not always be aware of the specific details of the Private Rented Sector (PRS) regulations, making it difficult for them to identify when their rental property is in violation. To address this issue it is crucial for tenants to educate themselves on the regulations and seek professional advice if they suspect their landlord is not meeting the required standards. 

The possibility of tenants lodging frivolous or unfounded complaints against landlords is a legitimate concern. To mitigate this issue, the policy makers should consider implementing a system for managing and evaluating complaints to ensure they do not place an undue burden on landlords. 

Final Thoughts  

Energy efficiency is not only essential for reducing energy bills and carbon emissions but also for ensuring a comfortable and healthy living environment. Tenants should be aware of their rights when it comes to requesting energy efficiency improvements and should work with their landlords to make their homes more energy-efficient. By understanding your rights, communicating effectively with your landlord, and exploring available financial assistance, you can help make your rented home a more sustainable and comfortable place to live.