Monks Cross Shopping Park, York


Telfords Yard, E1


The Old Aeroworks


Clerkenwell Workshops


The Fort Shopping Centre


Grand Union Studios W10


The Shipping Building, Hayes


Eaton Square SW1


Association of Project Management Annual Awards


ISO 9001 accreditation retained


Mothercare, Monks Cross


Exciting times ahead!


2110 Consult sponsor a football team


Gherkin Challenge


Require a sensible and pragmatic QS / Cost Control Service?


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


Practical Completion at Beck Retail Park, Wakefield


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


Dilapidations Update


Low Carbon Workplace in Shoreditch, London EC2 makes the Grade


Major Refurbishment planned for Monks Cross Shopping Park, York


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


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


2110 Consult is recognised in Constructing Excellence Regional Awards 2016


2110 Consult is assessed against ISO 9001:2015 Quality Standard


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


146 New Apartments on Silbury Boulevard, Milton Keynes


Energy Act Fuels Heated Discussions between Landlords and Tenants


New Residential House Extension, St Albans


Former Hospital Chapel, St Albans Benefits from Reinstatement Cost Assessment


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


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


New Format Out of Town Primark Store in Birmingham


2110 Consult Survey Famous Daily Express Building, Manchester


65 Properties Surveyed in One Month for St Mungo’s


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


Two Houses in Childs Hill, London NW3


Reconstruction costs: Be sure you’re insured!


Do you need a Party Wall Surveyor?


Is your air conditioning still legal?


Cladding Conundrums!


Another Step Towards Zero Carbon


Energy Performance Certificate Update


Health & Safety First


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


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

London Office

Harpenden Office

T: 0845 209 9999


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

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