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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Can you say no to an energy assessment by a landlord?

55 replies

Pollypocket89 · 24/07/2021 16:32

Hi

My sister lives in a rented house and is vulnerable in terms of covid. She's had someone at her door today telling her the landlord sent them to do an energy assessment on the house.

She told them she's not comfortable at all letting someone in and she's now really worried that she has to let them do this?

Shes moving in a couple of months anyway so I'm thinking it surely can wait

OP posts:
ComDummings · 25/07/2021 09:26

Only when marketing your property for rent or sale. So the tenant does not have to allow this as the property can be relet or sold after she leaves. If something is a legal requirement it is for the landlord to facilitate not the tenant. It is not the tenant’s problem to solve, they don’t have to allow access to anyone for any reason other than a genuine emergency like a flood or fire. An EPC isn’t an emergency.

ittakes2 · 25/07/2021 09:36

a rented property needs an energy asessment every 10 years I think. But if its ligeit the landlord should have let her know and she could have agreed an appropriate time with the consultant. My worry was it could be a scam.

Porcupineintherough · 25/07/2021 09:41

@BaronessBomburst

It's a legal requirement; the landlord doesn't have any choice and the deadline dates are set out by the government. Can she put in writing to the landlord that she's refusing access? Then they won't get slapped with a fifty grand fine for non-compliance and they can do it when she moves out.
^^This. Tbh they should have been done by now but w COVID things have been allowed to slip.

There are several reasons landlords can access a property eg inspections, gas safety certification., to stay abreast of changing legal requirements. This is one of them.

Original poster
Pollypocket89 · 25/07/2021 09:47

She. Has. The. Safety. Certificate. And. Ecp.
:D

OP posts:
CynsterBitch · 25/07/2021 09:53

@Pollypocket89

I don't know why pp keep mentioning legal requirements. I've said in almost every post that it's not the safety certificate etc, it's an energy assessment

You say continuing to deny access... My sister had a random man knocking at her door with no previous communication. Hardly denying access when she hadn't got a clue and is vulnerable with covid

The energy assessment is also a legal requirement, as many PP have now pointed out.

Regardless of that though, your sister was right to not let them in. Her landlord should have told her about this and come to some agreement re time etc

Original poster
Pollypocket89 · 25/07/2021 09:57

Nothing of hers is out of date though, think it was last done 4 years ago

OP posts:
TalbotAMan · 25/07/2021 10:05

There isn't an automatic legal requirement, but any properly done tenancy agreement will give the landlord the right to enter to inspect, maintain etc, though typically 3 days notice needs to be given unless its an emergency.

korawick12345 · 25/07/2021 10:09

In what way is she vulnerable, has she had her vaccines? Sounds like it has been badly handled but she would be being ridiculous not to make arrangements for them to be able to do the assessment

Original poster
Pollypocket89 · 25/07/2021 10:14

Why would she be ridiculous?

Shes scared. No, she hasn't had the vaccine as she's not able to for medical reasons

OP posts:
korawick12345 · 25/07/2021 10:16

So what are her arrangements for food shopping, medical appts etc etc how does she facilitate those things

IveGotASongThatllGetOnYNerves · 25/07/2021 10:18

The landlord had no right to just send someone round with zero communication and your sister was perfectly entitled to refuse to let them in.

korawick12345 · 25/07/2021 10:19

And how is she planning to move home if she cannot go out or have people in her home.

Original poster
Pollypocket89 · 25/07/2021 10:21

The post wasn't a dissection of my sisters vulnerability. That's her private information and I'm obviously not going to share that on a forum, especially when it's not relevant

Going out is very different from someone coming into your home

I've had some pp trying to be helpful so thank you for those

OP posts:
lawofdistraction · 25/07/2021 10:27

She absolutely does not need to allow access for this. And the LL should have contacted her beforehand.

Even safety inspections do not need to be carried out as long as the LL can demonstrate they have taken steps to arrange them. We delayed a gas safety inspection for months last year due to covid.

Suggest she puts in writing that she will not be facilitating the visit at present, but will let the LL know if and when she feels more comfortable for it to go ahead.

jacks11 · 25/07/2021 10:29

I think if it is a legally required inspection toon, then you must allow access but the landlord should be giving you advanced notice.

korawick12345 · 25/07/2021 10:30

@Pollypocket89

The post wasn't a dissection of my sisters vulnerability. That's her private information and I'm obviously not going to share that on a forum, especially when it's not relevant

Going out is very different from someone coming into your home

I've had some pp trying to be helpful so thank you for those

It is relevant as it is what you opened with. If she can go out then she doesn’t need to be there when the assessment happens therefore meaning she should be able to facilitate it. Of course she can choose to make life difficult for her landlord in which case she may find this reflected in her reference if she needs one.
lawofdistraction · 25/07/2021 10:31

You don't need to allow access for ANYTHING as a tenant, only in the case of emergency (fire, flood, gas leak etc.)

This of course might not be a good idea in terms of relationship, but worth bearing in mind for somebody vulnerable in a pandemic.

gogohm · 25/07/2021 10:32

Landlord needs to give 48 notice but I don't think she outright refuse

Londonnight · 25/07/2021 10:34

No one is allowed to enter the house without giving at least 24 hours notice, and then only at the permission of the tenant, unless it is classed as emergency access.
No one should just turn up and be expected to be allowed entry.

Contact Shelter to find out your rights

gogohm · 25/07/2021 10:36

Energy performance certificates are required for rental properties so yes it's a legal requirement just like gas safety (annual) and electrical (5 years) we had to have one during lockdown 2 and had 48 hours notice, inspector masked and wire gloves, we could go out

Original poster
Pollypocket89 · 25/07/2021 10:53

Energy performance certificates are required for rental properties so yes it's a legal requirement

Yes, they are. Yes, she's got one, as I keep saying :D

OP posts:
Tippexy · 25/07/2021 11:39

@Pollypocket89

Energy performance certificates are required for rental properties so yes it's a legal requirement

Yes, they are. Yes, she's got one, as I keep saying :D

When does the energy performance certificate expire?
Original poster
Pollypocket89 · 25/07/2021 11:56

I'm not too sure, definitely not this year

OP posts:
TurquoiseDragon · 25/07/2021 12:24

@Pollypocket89

I'm not too sure, definitely not this year
Then she doesn't need to let them in, if the assessment is still current. LL can wait until she's moved out.
AHobbyaweek · 25/07/2021 14:37

She can refuse to let them in. The landlord can apply to court to get access but that will take ages and she will have likely moved.
Even if there is a clause in the tenancy agreement, law supersedes this with her right to quiet enjoyment.
Also they didn't provide at least 24 hours notice so not even slightly reasonable.

That being said it may be she wants to allow it with proper notice and precautions but if she is moving soon then up to her.

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