# The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020, Regulation 6: Prohibition on letting of sub-standard property


(1) A landlord of a sub-standard domestic PR property must not let the property, or part of the property on or after 1 October 2020, unless—
(a) there are no relevant energy efficiency improvements that can be made to the property,
(b) all the relevant energy efficiency improvements for the property have been made, or
(c) one or more of the exemptions in Part 3, applies.
(2) Paragraph (1) does not—
(a) during the period beginning on 1 October 2020 and ending on 31 March 2022, prohibit a landlord from continuing to let a sub-standard domestic PR property under an existing tenancy to a person who is an existing tenant,
(b) during the period beginning on 1 April 2022 and ending on 31 March 2025, prohibit a landlord from continuing to let a domestic PR property to a person who is an existing tenant if the energy performance indicator of the property indicates that the energy efficiency or performance of the property is rated as being E or above.
(3) For the purposes of this regulation—
(a) “let the property” (cognate terms being construed accordingly) means—
(i) to grant a new tenancy which falls within section 54(1)(a) of the Act,
(ii) to let the property on a tenancy which falls within section 54(1)(a) of the Act as a result of an extension or renewal of an existing tenancy, or
(iii) to continue to let the property on a tenancy which falls within section 54(1)(a) of the Act,
(b) “existing tenancy” means, in respect of a domestic PR property—
(i) in relation the period beginning on 1 October 2020 and ending on 31 March 2022, a tenancy under which the tenant has a right to occupy that property on 30 September 2020, and
(ii) in relation the period beginning on 1 April 2022 and ending on 31 March 2025, a tenancy under which the tenant has a right to occupy that property on 31 March 2022,
(c) “existing tenant ”means—
(i) for the purposes of paragraph (2)(a) is a person who is a tenant of the property on 30 September 2020 or a person who is the tenant of the property after that date by virtue of an assignation, or partial assignation, of rights in respect of the existing tenancy,
(ii) the purposes of paragraph (2)(b) is a person who is a tenant of the property on 31 March 2022 or a person who is the tenant of the property after that date by virtue of an assignation, or partial assignation, of rights in respect of the existing tenancy.

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Source: https://www.legislation.gov.uk/sdsi/2020/9780111043912/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-energy-efficiency-domestic-private-rented-property-scotland-regulations-2020/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.