Q&As

Where industrial units are let but have energy performance certificates (EPC) ratings of F or G, can the freehold owner sell the units subject to the leases with the current EPC grades or can the leases be terminated on the basis they are let unlawfully? If so, on what specific grounds? The freeholder does not wish to incur expense of bringing the units up to an EPC rating of E.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 02 January 2025
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From 1 April 2018 commercial landlords (and residential landlords) have been required to achieve an EPC rating of at least E in respect of premises let under a new lease as a result of the Energy Act 2011 (EnA 2011) and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 22. That Regulation provides that a non-domestic PR (privately rented) property is sub-standard in such circumstances. By MEES Regs 2015, SI 2015/962, reg 27 a landlord of a sub-standard non-domestic PR property must not let the property unless an exemption applies or relevant energy efficiency improvements

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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