GREEN DEAL DISCLOSURE AND ACKNOWLEDGMENT
- Where a property is subject to a Green Deal Finance Plan the landlord must comply with certain requirements when renting the property out to a new tenant (or it is sold on). This applies if the tenant is to take responsibility for repaying the Green Deal charge through the electricity bill. Not complying could well mean sanctions being taken involving the landlord having to repay the full Green Deal charge which is outstanding. Although based on normal requirements relating to Energy Performance Certificates (EPCs) they go beyond these.
Requirements on letting (or selling)
- If the tenant pays the electricity bill the landlord must do the following:-
- Obtain an up to date EPC from the National Register (do not use a copy of the EPC which you may already have without making sure that it is the latest available copy from the National Register).
- Hand over a copy of the up to date EPC to every prospective tenant. Normally, you only have to make the EPC available but where there is a Green Deal plan a copy must be handed over. A prospective tenant is someone who -
(a) asks for any information about the property
(b) makes a request to view the property, or
(c) makes any offer to rent the property
Handing over the EPC must be done at the earliest opportunity and in any event no later than whichever is the earlier of -
(i) where someone who asks for information about the property then at the time when the landlord/agent first makes any written information available about the property, or
(j) if a viewing is requested at the time when the person views the property
- The tenant who agrees to rent the property must sign an acknowledgement form. This confirms that the tenant has been made aware of the Green Deal Plan and agrees to take over responsibility for the payment of the electricity charges, including the repayment of the Green Deal. This acknowledgement is required in a legally prescribed form which must be included as part of the tenancy agreement.
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