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What changes in Legislation do Landlords need to be aware of?

 
The regulations relate to the Energy Efficiency rating of your property and state that you cannot rent out a property if its rating is below a particular grade. 
 
There are some critical timeline dates to be aware of:
 
  • From the 1st April 2020, it is a breach of Legislation to enter into a new Tenancy or to Re-let your property where it is rated below an “E”. 
  • With effect from 31st March 2022, ALL occupied Tenancies must cease if your property is rated below an “E”, unless it qualifies for Legal Exemption.
  • From the 1st April 2022, it is a breach of Legislation to enter into a new Tenancy or to Re-let your property where it is rated below a “D”.
  • With effect from 31st March 2025, ALL occupied Tenancies must cease if your property is rated below a “D”, unless it qualifies for Legal Exemption.

 

What will the penalties be to a Landlord?

Local authorities may impose a civil penalty on a Landlord if their property does not comply with minimum standards and does not have a registered exemption.

 

What can Landlords do now?

 
If Your Move have identified your property as being a potential risk and falling below the relevant ratings, you can check the rating of your current EPC by visiting the Scottish EPC register www.scottishepcregister.org.uk.  All you need is the postcode of the property.
 
As Energy Performance Certificates (EPC) have a shelf life of 10 years, you may have already updated yours and be in possession of a subsequent certificate with a different result to the one Your Move currently hold on record.
 
Please let us know without delay should you have a valid EPC by E-mailing a copy to scottishapplications@your-move.co.uk and we can update our records accordingly with the revised result. 
 

 

What should Landlords do next?

 
Landlords will need to ensure that their property complies with the new Legislation within the required time-frame, either with an amended EPC rating or provide evidence that it falls within the Exemption Criteria which has been registered on the Scottish Government website.
 
Exemption details can be accessed via the Energy Efficiency Private Rented Property Scotland Regulations.
 
 

 

What funding is available to Landlords?

Your Move have already put together relationships with local specialists who will also be able to advise you on whether grant funding could be available for any property improvements which will improve the EPC result.

The interest-free Home Energy Scotland Loan is funded by the Scottish Government and available to eligible registered Private Sector Landlords. This can be used for energy efficiency improvements like insulation, glazing and boilers. 
 
 
All Scottish households can also seek impartial advice on energy efficiency and find out exactly what support they are eligible for – whatever their circumstances - by calling the Scottish Government Home Energy Scotland hotline on 0808 808 2282 or by going directly to www.homeenergyscotland.org.uk
 
Please note that if your Tenant does not co-operate then it may be difficult to introduce change whilst they are in situ but in this event you may qualify Exemption.
 
Should you experience difficulties in relation to your Tenant (s) providing access, we would refer you to the First Tier Tribunal website, in order to make an Application for a Landlord Right of Entry.