The Energy Efficiency (Private Rented Property) (England and Wales) Regulations

The minimum level of energy efficiency for domestic private rented property in England and Wales is Energy Performance Certificate (EPC) Band E. The energy efficiency of a property can be found on the Domestic Energy Performance Certificate Register.

Since 1 April 2018, landlords of domestic properties have not been permitted to grant a new tenancy, or renew an existing tenancy, for a property rated EPC F or G (unless an exemption applies). The landlord must improve the rating to minimum of EPC E (or register an exemption, if one applies) before letting.

From 1 April 2020, the minimum level of energy efficiency will apply to all domestic privately rented properties covered by the Regulations, even if there has been no change in tenancy. So, from 1 April 2020, landlords may not continue to let properties with an EPC rating of F or G, even to an existing tenant (unless an exemption applies). Landlords are encouraged to take action as soon as possible to ensure their properties meet or exceed EPC E by April 2020.

If an exemption applies, landlords must register this on the Private Rented Sector (PRS) Exemptions Register (guidance). Full details of exemptions are set out in the updated Domestic Landlord Guidance

Further regulations, which amended the existing domestic Private Rented Sector Minimum Energy Efficiency Standard Regulations, came into force on 1 April 2019.

The 2019 amending Regulations introduce a financial contribution component for landlords of EPC F- and G-rated homes in the private rented sector, capped at £3,500 (inc. VAT) per property.

Other key changes include the introduction of a new 'high cost' exemption, which landlords will be able to register (if they meet the criteria) on the Private Rented Sector (PRS) Exemptions Register from 1 April 2019. Furthermore, the previously available 'no cost to the landlord' exemption will no longer be available (and will no longer appear on the Exemptions Register as of 1 April 2019). Existing 'no cost to the landlord' exemptions will be curtailed so that they end on 31 March 2020, instead of after 5 years. All affected landlords will be contacted directly at the start of April. Finally, the 'consent exemption' will no longer be available to landlords in cases where a sitting tenant has withheld consent to a Green Deal finance plan.

You can find more details about the changes in the Domestic Landlord Guidance. Landlords will also be able to access updated advice on the Government-endorsed Simple Energy Advice website.

The Ministry of Housing, Communities and Local Government (MHCLG) intends to publish a series of quick guides during April to help landlords understand their obligations under the amended Regulations.

Housing Developers may find the following information of use with regard to Affordable Housing.

The Council's adopted Core Strategy (Local Plan) Policy 8 requires an element of affordable housing to be provided on eligible sites.  On sites capable of supporting 15 or more residential units, up to 30% of those units will be sought by negotiation to be delivered as affordable housing, subject to consideration of viability.

There is a great need for affordable housing in the borough. The updated Strategic Housing Market Assessment indicates that over 400 additional affordable units are needed each year, and needed in all areas of the borough.

A tenure mix of the affordable housing to best meet needs will normally be confirmed in the s106 agreement (to meet needs, this is normally 80% Social Rented, and 20% affordable intermediate housing or 100% Social Rented).

The Adopted Core Strategy and related documents can be found by clicking here.

Wherever possible, we would like detailed pre-application discussions with regard to the affordable housing with the planning applicant or their agent at the earliest opportunity.

The affordable housing agreed under a section 106 agreement will be expected to be transferred to a Registered Provider of Housing (i.e. a housing association).

We request that developers work with one of the Erewash Affordable Housing Development Partners - whose details can be found by clicking on the link below:

Details of recent Housing Needs and Research documents can be found on the Housing Needs and Research webpage.

Housing Developers and Homes for Disabled People and Older People

Housing Developers may find the following information of use with regard to homes for Disabled People and Older People.

The Council's adopted Core Strategy (Local Plan) Policy 8 requires that consideration should be given to the needs and demands of the elderly as part of the overall housing mix.

Saved Planning Policy H7 Special Needs Housing states that "in developments of 25 dwellings or more or on sites in excess of 1 hectare and where there is clear evidence of need, the Borough Council will negotiate with developers to provide a proportion of dwellings that are designed to special needs standards, particularly on level sites that are well served by shops, community services and public transport".

These homes may be affordable homes and/or homes for market sale or market rent.

To meet needs, such homes should normally incorporate the following features:-

  • Built to Lifetime Homes or Wheelchair Standard;

  • Wet room or walk in shower;

  • Space to charge and store electric wheelchairs or scooters;

  • Adjacent parking (and where possible space to install car port);

  • Level access into the house and into the garden;

  • If ground floor flats - own access and, if possible, own garden or outdoor space.

We would normally arrange for a local Occupational Therapist to help architects and developers in the design of the properties and facilities.

Details of recent Housing Needs and Research documents can be found on the Housing Needs and Research webpage.

For further information on Affordable Housing Needs and the needs of disabled and older people, please contact:
Tessa Paul, Housing Strategy Officer, Erewash Borough Council.
Telephone: 0115 850 8323

Stanley Common Affordable Housing Development

Waterloo Housing completed a new affordable housing development in Stanley Common in 2014. People from the
parish of Stanley Common and Stanley Village, or neighbouring Erewash parishes, have priority for any vacancies for the rented properties.

Please see the following link to the Local Lettings Policy on the Home Options Choice Based Lettings website: Local Lettings Policy

Breadsall Affordable Housing Development

EMH Homes completed a new affordable housing development in Breadsall in the winter of 2017.  People from the villages of Breadsall, Little Eaton and Morley, have priority for any vacancies for the rented properties. 

Please see the following link to the Local Lettings Policy on the Home Options Choice Based Lettings website: Local Lettings Policy

Renting a housing association home through Home Options:

The Council no longer owns any properties. All council housing was transferred in 2002, and is now owned by emh homes (EMH)

You can apply for housing with EMH, or other social landlords in the area online by visiting the Home Options Website. Alternatively you can contact EMH directly on 0800 389 8083, or any of the other 12 housing associations operating in Erewash (housing associations are sometimes known as Registered Providers (RPs).  

A list of the housing associations' properties by area and their contact details can be found below:

You can get more details about the housing associations through their websites. There are links on the Home Options website.

The Council still retains its enabling role to ensure the housing needs of the Borough’s residents are met. This includes responsibility for:

In addition, the Housing Team is responsible for private-sector housing and some home energy advice. This involves the provision of advice, information and enforcement of minimum standards in private housing including landlord and tenant issues, houses in multiple occupation and home energy efficiency advice.

Erewash Borough Council

Erewash Borough Council, Town Hall, Wharncliffe Road, Ilkeston, Derbyshire, DE7 5RP
0115 907 2244
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