Previous Reference: Minute 76(2016/17)

The report of the Strategic Director Place (Document “AF”) provides an update for Member on energy efficiency in the private rented property sector in the District and includes an update on the impact of legislative changes.

Recommended –

That the report be noted and a further update on energy efficiency in the private rented sector be presented in twelve months time.

(Julie Rhodes/Pete Betts – 01274 431163/432497)   

Previous Reference: Minute 76(2016/17)

The report of the Strategic Director Place (Document “AF”) provided an update for Members on energy efficiency in the private rented property sector in the District and included an update on the impact of legislative changes.

Members were advised that new regulations coming into force this April meant that all rented properties must have a minimum energy performance rating of “E”. They were also advised that consultations in respect of these regulations had very recently taken place which may mean that implementation of them could be delayed, however the current powers of enforcement under the Housing Act could still be used by officers during the period that any discrepancies between the guidance and regulations were being ironed out as the two pieces of legislation were intended to run in parallel. It was noted that fines under the new regulations would be discretionary so the Council would need to set its own levels of fine, working in co-operation with neighbouring authorities as some landlords would have properties in more than one District. Members were also advised that officers had an important role to play in responding to service requests, of which there were 1746 last year.

In response to questions from members about the consultation they were advised that there was a proposal that the maximum investment that a landlord should have to make to achieve the required energy rating should be £2500 but that this Council had participated in that consultation to press for the maximum to be set at £5000, the figure that was initially recommended when it was proposed that improvements would be paid for by the tenant accessing the old green deal scheme. It was noted that the maximum would apply nationally. Members were also advised that organisations representing landlords had argued against landlords being forced to be responsible for funding these improvements to their properties and the proposed figure of £2500 may be seen as a compromise.

Landlords were being advised of their responsibilities under the new regulations via the “Stay Connected” service and through the landlord association press releases.

A Member noted that, although many landlords would be conscientious about their responsibilities, others would not and that many of the most vulnerable tenants would be housed in properties owned by the latter group. He considered that an enforcement strategy would be required and that resources should be targeted at those most vulnerable people. He considered that targeted intervention would also be beneficial to other parts of the public sector who had to pick up issues of health and well-being resulting from living in sub-standard homes.

He was advised that it was important to give tenants an opportunity to contact their landlord direct to resolve issues before the Council became involved. At the moment, a triage approach was being trialled to free up resources to concentrate on the most high risk cases. Members were also advised that West Yorkshire was at the forefront of the development of policies relating to enforcement and particularly the fine structure.

Members discussed the issue of landlords who undertook substandard work in their properties under the guise of improving energy efficiency but who left those properties in a poor state and agreed that this type of property should be a priority for improvement. They were advised that a combination of enforcement and improvement meant that approximately 950 properties per year were brought up to standard and that, therefore, the overall total of sub-standard properties was steadily reducing.

Members were advised that the Government had indicated that the intention was to require properties to achieve an EPC rating of “C” by 2030 (with an interim target of an EPC rating of “D” by 2025) but that the current requirement was an “E” rating.

Resolved –

That the report be noted and a further update on energy efficiency in the private rented sector be presented in twelve months time.

ACTION: Strategic Director, Place