Energy Performance Certificates (EPCs)
Statement of Intent
The Lease contains provisions which govern when, and the process by which, an EPC is obtained by a Tenant, giving the Landlord some control over this so as to ensure high quality EPCs are commissioned.
Preamble
The BBP considers it is important, given the variable quality of EPCs, that there should be reasonable provisions to ensure that high quality and reliable EPCs are obtained. Given the significant liabilities faced by landlords under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 as amended (“the MEES Regulations”) it is reasonable for landlords to have some control over the commissioning of any EPC. Only one version of this important clause is provided.
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Suggested Drafting
Suggested Drafting
The Tenant must not commission an EPC in respect of the Premises unless required to do so by the Energy Performance of Buildings (England and Wales) Regulations 2012. If the Tenant is required to commission an EPC, the Tenant must (at the Landlord’s option) commission an EPC from an assessor approved by the Landlord or pay the Landlord’s costs of commissioning an EPC for the Premises.
The Tenant must co-operate with the Landlord, so far as is reasonably necessary, to allow the Landlord to commission any EPC for the Premises and:
- (a) provide the Landlord (at the Landlord’s cost) with copies of any plans or other information held by the Tenant that would assist in commissioning that EPC; and
- (b) allow such access to the Premises to any energy assessor appointed by the Landlord as is reasonably necessary to inspect the Premises for the purposes of preparing any EPC.
The Tenant must give the Landlord written details on request of the unique reference number of any EPC the Tenant commissions in respect of the Premises.
The Landlord must give the Tenant written details on request of the unique reference number of any EPC the Landlord commissions in respect of the Premises.
The Tenant must not obtain or commission an EPC in respect of the Building.
The Tenant must not do or permit anything which may adversely affect the EPC Rating of the Premises [or the Building].
Drafting note
This clause mirrors clause 6.7 of the MCL with the addition of the final two paragraphs.
Clause 2.5.3 of the MCL implies that an obligation not to do something includes an obligation not to permit another person to do it.
The final paragraph is a general "sweeper" clause for the Landlord's protection and goes beyond alterations, which is covered elsewhere in this toolkit (Addition to clause governing Tenant’s alterations).