NEWS

04.10.2019

Grand Union Studios W10

24.09.2019

The Shipping Building, Hayes

17.09.2019

Eaton Square SW1

04.09.2019

Association of Project Management Annual Awards

17.06.2019

ISO 9001 accreditation retained

07.06.2019

Mothercare, Monks Cross

28.02.2019

Exciting times ahead!

15.11.2017

2110 Consult sponsor a football team

18.10.2017

Gherkin Challenge

08.09.2017

Require a sensible and pragmatic QS / Cost Control Service?

22.06.2017

2110 Consult retains ISO 9001:2015 Certification for another 12 months

15.06.2017

Practical Completion at Beck Retail Park, Wakefield

03.04.2017

New London office at Holland House – Gherkin Piazza EC3A 5AW

01.12.2016

Dilapidations Update

31.08.2016

Low Carbon Workplace in Shoreditch, London EC2 makes the Grade

23.08.2016

Major Refurbishment planned for Monks Cross Shopping Park, York

23.08.2016

2110 Consult negotiates Party Wall Award for Modernisation of Mabel Crout Court, London

22.08.2016

2110 Consult Manage Party Wall Award for Pimlico Plumbers’ London HQ

25.07.2016

2110 Consult is recognised in Constructing Excellence Regional Awards 2016

20.06.2016

2110 Consult is assessed against ISO 9001:2015 Quality Standard

06.06.2016

2110 Consult Survey Properties for Growing ‘Co-living’ Group, Lyvly

09.05.2016

146 New Apartments on Silbury Boulevard, Milton Keynes

02.05.2016

Energy Act Fuels Heated Discussions between Landlords and Tenants

25.04.2016

New Residential House Extension, St Albans

14.04.2016

Former Hospital Chapel, St Albans Benefits from Reinstatement Cost Assessment

23.03.2016

Are your Foundation Designs on the Right Footing? (Case Law Clarifies Design Requirements for Basement Foundations)

18.02.2016

Will Alsop Acknowledges 2110 Consult’s Project Management of Great Northern, Manchester

27.01.2016

New Format Out of Town Primark Store in Birmingham

22.01.2016

2110 Consult Survey Famous Daily Express Building, Manchester

12.01.2016

65 Properties Surveyed in One Month for St Mungo’s

07.01.2016

Building Survey of 87,700 sq. ft. Priory Point Warehouse, Bedford

04.01.2016

Two Houses in Childs Hill, London NW3

27.05.2015

Reconstruction costs: Be sure you’re insured!

27.05.2015

Do you need a Party Wall Surveyor?

01.01.2015

Is your air conditioning still legal?

20.04.2014

Cladding Conundrums!

18.04.2014

Another Step Towards Zero Carbon

10.04.2014

Energy Performance Certificate Update

07.04.2014

Health & Safety First

22.02.2014

Space Invaders Article Featured in the May Edition of RICS Building Surveying Journal

02.05.2016

Energy Act Fuels Heated Discussions between Landlords and Tenants

The Energy Act came into force in 2011 and new rules are now being introduced which require landlords to improve the energy efficiencies of their private rented properties as a key part of UK policy to reduce carbon emissions by 80% by 2050.

From April 2018, it will be unlawful for landlords to lease residential or commercial premises, where a minimum energy efficiency rating has not been achieved. Lenders, landlords and occupiers will therefore all be affected and the UK could see up to 20% of property stock impacted, either becoming impossible to let or occupy, or declining in value. The implications are significant and we are beginning to see an uptake in refurbishments and redevelopments of buildings that are at threat.

Also, From April 2016, private residential landlords will be unable to refuse a tenant’s reasonable request for energy improvements to be made to a property, where Government support such as the Green Deal or Energy Company Obligation is available to help pay for them.

Current discussion about the Energy Act legislation focuses specifically on the management of properties and, in particular, how legislation will be interpreted and will effect service charges.

Over recent years we have seen an increase in leases containing “green” clauses, stipulating better environmental management of a building. Works required to comply with the Energy Act may not, however, be covered by service charge provisions, as they are not considered to be repairs. Nevertheless, many commercial leases contain a “sweeper” service charge clause, entitling the landlord to recover the cost of providing such services and carrying out such works as deemed necessary in accordance with the principles of good estate management. Depending on the wording, there may be a case for suggesting that work carried out to improve the energy performance of a building falls within such a provision.

Resistance from tenants asked to pay for the work is to be expected on the grounds that it falls outside the lease terms and that they should not be held responsible for the cost of an outdated asset that does not meet regulation. Until case law precedents are set, we are likely to see considerable fall-out from this grey area of the law.

For example, if the property is rated below level ‘D’, it might be possible for a tenants to exercise a break clause and end the lease early, or at least to use this break as a mechanism to get the landlord to accept the liability for improvement work.

There is also likely to be an impact on dilapidations negotiations at the end of a lease. A tenant may have entered a lease which at the time had a ‘D’ rating, but which has been re-rated to an ‘E’ or an ‘F’ rating at the end of the lease. This may require the tenant to carry out additional work to bring the property up to an appropriate rating, depending on the wording of the original lease.

With less than two years before implementation of the 2018 deadline, and with such considerable ramifications, contracting parties need to consider the issues today and seek advice from professional Chartered Surveyors with experience in managing contracts, dilapidations assessments and supervising work carried out by energy assessors.

Click the following link to read the full 2110 Consult Fact Sheet: The Energy Act 2011 and its Affect on Landlord & Tenant Dilapidations Claims.

For more information speak to Justin Ansell on 01727 790906 or email justin.ansell@2110consult.com.

London Office

St Albans office

T: 0845 209 9999

E: info@2110consult.com

2110 Consult Limited is registered in England & Wales (registered number 06810968) and is regulated by The RICS.

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