Regulation 11 Amendment of regulation 31 (consent exemption)

 After regulation 31(1), insert—

“(1A)

Subject to paragraphs (2) and (3), regulation 23 does not apply at any time when the landlord has, within the preceding five years, been unable to increase the energy performance indicator for the property to not less than the minimum level of energy efficiency as a result of—

(a)

the tenant refusing consent to any relevant energy efficiency improvement being made, or

(b)

despite reasonable efforts by the landlord to obtain third party consent, that consent having been—

(i)

refused, or

(ii)

granted subject to a condition with which the landlord cannot reasonably comply.”