Giving tenants the right to an energy efficient property: the position in 2026
Giving tenants the right to an energy efficient property is a cornerstone of modern housing legislation aimed at reducing energy costs and environmental impact. In 2026, this right is bolstered by new regulations introduced under the Renters' Rights Act 2025, which mandate that private rented properties meet specific energy efficiency standards. This shift is important for tenants who often have limited control over the property's condition but are responsible for its utility costs. For landlords, it introduces significant compliance obligations, including mandatory upgrades to ensure their properties meet these new requirements.
What the law says
The legal framework governing energy efficiency in rented properties primarily draws on several key statutes:
- Housing Act 1988 (s.8, s.13, s.21): These sections outline general responsibilities of landlords regarding property condition and tenancy agreements.
- Landlord and Tenant Act 1985 (s.11): This section pertains to the landlord's duty to keep the property in good repair.
- Housing Act 2004 (s.213-215): These sections specifically address energy efficiency, requiring landlords to provide an Energy Performance Certificate (EPC) when advertising a property and ensuring that properties meet minimum energy efficiency standards.
the Deregulation Act 2015 (s.33) introduced provisions for mandatory EPC disclosure and the requirement for landlords to comply with certain energy efficiency measures. The Tenant Fees Act 2019 also indirectly impacts this area by regulating fees related to property condition issues, including those stemming from non-compliance with energy efficiency standards.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduces several significant amendments and new provisions affecting energy efficiency in private rented sector (PRS) properties:
- Abolition of Section 21: Landlords can no longer issue a standard three-month notice to terminate a tenancy without cause, making it harder for landlords to evict tenants who might complain about non-compliance with energy standards. At Giving tenants the right to an energy efficient property, - Periodic Tenancies from Day One: New tenancies automatically become periodic after the initial fixed-term period, giving tenants more stability and use in negotiations over property conditions.
- Annual Rent Cap via Section 13: Landlords are restricted by an annual rent cap based on a formula that considers inflation rates, limiting rent increases that could otherwise be justified due to energy efficiency upgrades.
- Decent Homes Standard Extended to PRS: The Decent Homes Standard is now legally enforceable for all PRS properties, requiring them to meet basic standards of habitability and modernity, including energy efficiency.
- Awaab's Law Extended to Private Landlords: This provision ensures that private landlords must maintain their properties in a state fit for human habitation, which includes compliance with energy efficiency regulations.
- New PRS Ombudsman: A dedicated body is established to handle disputes between tenants and landlords regarding issues such as non-compliance with energy standards.
- PRS Database Registration: Landlords are required to register on a central database, which will facilitate better monitoring of compliance with new standards.
What this means for tenants
Under the Renters' Rights Act 2025, tenants have several key rights and responsibilities regarding energy efficiency:
- Right to a Fit Property: Tenants may be entitled to report and seek resolution if their property doesn't meet minimum EPC ratings or other relevant standards.
- Legal Protection Against Eviction: The abolition of Section 21 means that landlords can't issue an eviction notice solely based on complaints about non-compliance with energy efficiency requirements.
- Stability in Tenancy: With periodic tenancies starting from day one, tenants have more security and are less likely to face sudden rent increases or arbitrary terminations related to compliance issues.
Tenants should review their property's EPC regularly and report any discrepancies or deficiencies to the landlord immediately. They may also seek advice from local authorities or legal aid services if necessary.
What this means for landlords
Landlords must now comply with stringent energy efficiency requirements, which include:
- Upgrading Properties: Ensuring that all properties meet minimum EPC ratings.
- Regular Maintenance: Keeping properties in good repair to maintain compliance with the Decent Homes Standard and Awaab's Law.
- Registration Requirements: Registering on the PRS Database as mandated by law.
Failure to comply can result in legal action, fines, or even loss of property if persistent non-compliance leads to tenant complaints or disputes that escalate through the new dispute resolution processes.
Common scenarios
Scenario 1: New Tenancy with Non-Compliant EPC
A tenant moves into a newly rented flat and discovers upon arrival that the EPC rating is well below the legal minimum. The landlord offers no immediate solution, citing budget constraints. The tenant should document this issue thoroughly and seek advice from local housing authorities or a solicitor to explore their options for remediation.
Scenario 2: Tenant-Initiated Improvement
A tenant living in an older property finds ways to improve energy efficiency by installing smart thermostats and better insulation. When the landlord learns of these improvements, they threaten eviction under Section 21, claiming interference with tenancy conditions. The tenant should assert their rights against unlawful eviction notices and seek support from housing organizations or legal advice.
Scenario 3: Persistent Complaints About Cold Homes
A tenant living in a poorly insulated property experiences consistently high energy bills despite the property having an adequate EPC rating due to outdated heating systems. Upon reporting these issues repeatedly, the landlord fails to act, leading to ongoing discomfort and financial strain for the tenant. The tenant may escalate complaints through environmental health departments or file disputes with the new PRS Ombudsman.
Evidence tenants should keep
Tenants should gather full documentation of any energy efficiency concerns:
- EPC Certificates: Keep copies of all EPC certificates provided at the start and throughout tenancy.
- Communication Records: Save emails, letters, and text messages exchanged with the landlord regarding property conditions or improvements needed.
- Photos and Videos: Document visible issues like poor insulation, damaged heating systems, or excessive condensation that may indicate substandard energy performance.
- Correspondence Dates: Note the dates of all correspondence, especially those initiating complaints about non-compliance.
These records can be important in proving compliance breaches to local authorities or dispute resolution bodies and are important for any legal proceedings if necessary.
What to do if things go wrong
If tenants encounter issues related to energy efficiency, follow this step-by-step escalation path:
- At Giving tenants the right to an energy efficient property, Complaint Letter: Write a formal complaint letter to the landlord detailing all concerns about non-compliance with EPC ratings or other relevant standards.
- Council Environmental Health: If no resolution is reached, contact your local council's environmental health department for assistance in enforcing compliance.
- Deposit Scheme Dispute: Use deposit schemes like MyDeposits if necessary to resolve disputes over energy-related repairs or deductions from the deposit.
- Housing Ombudsman: File a complaint with the Housing Ombudsman, which is expected to offer mediation services for property condition issues.
- PRS Ombudsman: Escalate unresolved disputes to the new PRS Ombudsman established under the Renters' Rights Act 2025.
- First-Tier Tribunal: Seek a ruling from the First-tier Tribunal if all other avenues fail and there's evidence of significant non-compliance impacting habitability or safety.
- County Court: As a last resort, file for judicial review or seek damages in county court if necessary to enforce compliance.
Each step should be carefully documented with dates and correspondence logs to build a strong case.
Common mistakes to avoid
Both tenants and landlords often make several critical errors regarding energy efficiency regulations:
- Ignoring EPC Ratings: Landlords may overlook the importance of obtaining and maintaining accurate EPC ratings, leading to non-compliance issues.
- Lack of Documentation: Tenants might fail to keep thorough records of complaints or repairs related to energy inefficiency, weakening their position in disputes.
- Improper Reporting: Filing complaints without clear evidence can undermine the case for necessary improvements.
- Ignoring Legal Protection: Tenants may not utilise available legal protections against eviction when raising concerns about non-compliance.
- Underestimating Compliance Costs: Landlords might underestimate the financial impact of upgrading properties to meet new standards, leading to delays or neglect.
Avoiding these mistakes ensures that both parties can deal with compliance more effectively and avoid potential conflicts.
Where to get help
Tenants facing issues with energy efficiency in their rented property should seek assistance from established organisations:
- Shelter: Offers full advice on housing rights and legal aid for those struggling with compliance issues.
- Citizens Advice: Provides detailed guidance and support tailored to individual tenant needs, including help with complaints and disputes.
- Local Council Housing Team: Many councils have dedicated teams that can offer direct assistance in enforcing property standards.
- Housing Solicitors: For more severe cases requiring legal intervention, consulting a specialist housing solicitor is advisable.
tenants should check eligibility for legal aid through government schemes to ensure they receive the necessary support without undue financial burden.
Frequently asked questions
What are my rights as a tenant regarding energy efficiency in my rented property?
Under the Renters' Rights Act 2025, tenants may be entitled to live in properties that meet specific energy efficiency standards. Landlords typically must ensure their properties comply with these regulations.
How do I know if my landlord is legally required to improve the energy efficiency of my home?
If your property does not meet the minimum energy efficiency standards set by UK law, such as those outlined in the Housing Act 2004 and Renters' Rights Act 2025, your landlord may be legally obligated to make improvements.
What evidence do I need if my landlord is not complying with the new energy efficiency regulations?
You typically need an Energy Performance Certificate (EPC) showing your property's current rating and any official notices from local authorities or housing departments indicating non-compliance with the Renters' Rights Act 2025.
Who pays for the cost of making a rented home more energy efficient?
The responsibility for funding improvements to meet energy efficiency standards may rest with the landlord, as mandated by UK law. However, tenants should check their tenancy agreement and consult a solicitor for specific circumstances.
What are the next steps if my landlord refuses to make necessary energy efficiency upgrades?
You may typically seek advice from a housing association or legal professional to understand your rights under the Renters' Rights Act 2025. In some cases, you may be able to escalate issues through local council channels.
What are common mistakes tenants make when dealing with energy efficiency requirements?
Common errors include failing to request an EPC or overlooking the importance of property condition in tenancy agreements. Tenants should ensure they understand their rights and obligations under UK law, such as those outlined in the Housing Act 1988.
Where can I escalate if my complaint about energy efficiency is ignored?
If your landlord does not address concerns regarding energy efficiency, you may typically contact your local council's housing department or seek legal advice to explore further options under UK law.
How does the Renters' Rights Act 2025 impact tenants seeking more efficient homes?
The Renters' Rights Act 2025 strengthens tenants' rights by mandating that landlords meet certain energy efficiency standards. This typically means better protection for tenants against high utility costs and substandard living conditions.