Regulation 10: Landlord's duty not to unreasonably refuse a tenant's request, The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

Subject to regulations 13(5)(a) and 14(3), where a landlord is served with a tenant's request, the landlord must not unreasonably refuse consent to the making of a relevant energy efficiency improvement specified in the tenant's request.

A landlord's refusal of consent is not unreasonable where—

paragraph (3) applies,

paragraph (4) applies,

paragraph (5) applies,

the landlord relies, or intends to rely, on an exemption in Chapter 3.

This paragraph applies where—

another tenant submitted a tenant's request to that landlord in relation to the same domestic PR property within the six months preceding the date of service of the tenant's request, and the landlord complied with the requirements of these Regulations in relation to that other tenant's request,

a notice has been served on the landlord or the superior landlord, and remains in force, in relation to the domestic PR property, or the building of which it forms part—

under section 20, section 21, or section 43, of the Housing Act 2004, or

under section 265(1) to (4), of the Housing Act 1985, or

a declaration has been made in relation to the domestic PR property, or the building of which it forms part, under section 289 of the Housing Act 1985.

This paragraph applies where the relevant energy efficiency improvement falls within any of paragraphs (d), (n) or (v) of the Schedule to the Green Deal (Qualifying Energy Improvements) Order 2012, and the landlord has obtained a written opinion from—

a relevant person, or

an independent installer of the relevant energy efficiency improvement in question who meets the relevant installer standards,

advising that it is not an appropriate energy efficiency improvement, due to its potential negative impact on the fabric or structure of the domestic PR property, or the building of which it forms part.

This paragraph applies where the tenant's request specifies a relevant energy efficiency improvement which is the same, or substantially the same, as any energy efficiency improvement to the PR property which the landlord had proposed within the preceding six months, where—

the landlord sought that tenant's consent to the making of those energy efficiency improvements, and that tenant refused such consent, or

that tenant refused to give any confirmation which must be obtained from that tenant by virtue of regulation 36 of the Framework Regulations in relation to a green deal plan with which the landlord proposed to fund the making of those energy efficiency improvements.

Regulation 10: Landlord's duty not to unreasonably refuse a tenant's request

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