Penelope Beckett v Wyre Forest District Council
[2024] UKFTT 726 (GRC)
John Anthony Turnbridge v The London Borough of Islington
17 September 2024
[2024] UKFTT 829 (GRC)
First-tier Tribunal
A landlord was fined £500 because his building's energy efficiency rating was too low. He appealed, but lost because there was clear proof he hadn't met the required standards.
Key Facts
- •Appeal against a Penalty Notice (PN) dated 1 February 2024 (reference WK/230037598) for a breach of regulation 27 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
- •Property at 65 Amwell Street, London, EC1R 1UR, had an EPC rating of G in November 2014 and remained let after April 1, 2023, breaching regulations requiring at least an E rating.
- •The property's rating improved to D on January 24, 2024.
- •A compliance notice was issued on January 15, 2024, requesting EPC and lease information.
- •The landlord, John Anthony Turnbridge, provided the EPC but not the lease.
- •The penalty imposed was £500.
Legal Principles
Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Regulation 27: Non-domestic properties let on non-commercial tenancies must have an EPC rating of at least E after April 1, 2023.
Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
Regulation 41 of the Regulations: Penalty Notices can be issued for breaches of Regulation 27.
Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Regulation 41
Outcomes
The appeal was dismissed.
The appellant's property was non-compliant from April 1, 2023, to January 31, 2024, due to having an EPC rating of G. The facts were undisputed.