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Regulation 31 Consent exemptionI1I2

England and Wales

(1)

Subject to F1paragraphs (2) and (3), regulation 27 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—

(i)

consent to any relevant energy efficiency improvement being made, or

(ii)

to give any confirmation which must be obtained from the tenant by virtue of regulation 36 of the Framework Regulations before any green deal plan with which the landlord proposed to fund the making of the relevant energy efficiency improvement could be entered into, 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.

F2(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.

(2)

A landlord may rely on the exemption in paragraph (1) F3or (1A) only where the landlord has registered information in accordance with regulation 36(2).

F4(3)

Where a landlord has relied on the exemption in paragraph (1)(a) or (1A)(a) in relation to the refusal of a particular tenant to give consent or a confirmation, the landlord may no longer rely on the exemption once that tenant’s tenancy has come to an end.

Annotations

Textual amendments

F1

Words in reg. 31(1) substituted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 10

F2

Reg. 31(1A) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 11

F3

Words in reg. 31(2) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 12

F4

Reg. 31(3) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 13

Commencement

I1

Reg. 31 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

I2

Reg. 31 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))