Nottingham landlords face fines up to £5,000 if properties are not energy efficient

The Nottingham city centre skyline, with the Council House in the centre
The Nottingham city centre skyline, with the Council House in the centre
By Joe Locker, Local Democracy Reporter

Landlords in Nottingham could face fines of up to £5,000 if properties are not energy efficient enough as Nottingham City Council looks to become ‘carbon neutral’ by 2028.

The Energy Efficiency (Private Rented Property in England and Wales) Regulations 2015 came into force in April 2018 and introduced measures to improve the energy efficiency of private rented properties in England and Wales.

It requires all private rented properties to meet a minimum level of energy efficiency, a rating of band E, on their Energy Performance Certificates (EPC).

Currently, Nottingham City Council serves enforcement notices under the Housing Act 2004 and considers civil penalty notices when appropriate.

But it says this option “is not suitable as bad practice will continue in the private rented sector and the housing conditions will remain the same.”

The Labour-run council has approved the adoption of financial penalties under the new regulations.

Council documents said: “Where properties have an EPC rating below E, it is highly likely that the property has poor thermal efficiency and it is expensive to heat the property.

“This can lead to those within the private rented sector entering into ‘fuel
poverty’ where 10 per cent of the household income is spent on energy and heating the home.

“With the current energy crisis and the increase in the cost of living, the number of households that will be considered to be fuel poor will increase.

“Nottingham City Council may impose a financial penalty of up to £5,000 under Regulation 37 of the Energy Efficiency Regulations 2015 upon those landlords who fail to comply with the compliance notice.

“As local authorities are able to impose a financial penalty of up to £5,000, Nottingham City Council propose that a graduated approach to this is adopted and both culpability and harm factors are taken into consideration with a potential financial penalty ranging between £800 to £5000.”

It comes as the Government plans to introduce the new Minimum Energy Performance of Buildings (No.2) Bill, requiring all new newly-let properties to have a rating of band C by 2025, while properties with existing tenancies would need to comply by 2028.

Mick Roberts, a landlord in the city, says he fears he and others could be left with significant costs to bring properties up to band C in the space of a few years.

He said the threat of hefty fines, on top of work needed to meet new regulations, may leave landlords with no choice but to sell up.

“I guess they have got to get the landlord to act,” he added.

“And £5,000? What planet do they think they are on? When landlords get to hear about this and it is one extra jolt to make them think: ‘I am selling’.”

“And retrospectively, fitting heat-pumps and underfloor insulation to 1900s terraced houses is going to cost £30,000. And while the tenant is living there.

“Out of all my houses, I’ve got a lot of 1970s. Many of them are EPC rating D and they have latest combi boiler, UPVC, loft insulation, I’m sure I have many Es.

“So to get to C, if anything more can be done, this is going to cost and who is paying for this?”

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