RENTERS' RIGHTS ACT 2025 and Energy Performance Certificates


Driven by the proposed changes to energy performance proposed in the Renters’ Rights Bill (introduced in late 2024 and, as of October 2025, now the Renters’ Rights Act) the board of College Mews Newbury Limited reviewed the EPCs of the 79 leasehold apartments. Between June 2024 and August 2025 CMNL discovered that the EPC ratings at College Mews are inconsistent and many do not accurately represent the energy performance of our properties. The inconsistent EPC ratings result from incorrect assessments carried out by EPC assessors many of whom do not understand the unique and nuanced nature of the energy consuming systems installed at College Mews. Many EPC assessors failed to identify the type and efficiency of those energy consuming systems[1] largely through lack of exposure to such systems of through inadequate training.



The board of CMNL spend months with the concerned parties to confirm that the DEFAULT EPC rating for leasehold properties at College Mews as C. The process and findings confirmed by Elmhurst Energy follow.


Because of the potential impact that incorrect EPCs might have on the attractiveness of College Mews leasehold properties to potential renters and buyers the board took up the challenge of correcting the EPCs for those leaseholders interested in correcting the EPC errors. The Act is proposed to come into force in stages from 1 May 2026. By 2023 ALL properties must have an EPC rating of C. Without this the leaseholder will not be able to offer their property for rent. The rights and responsibilities of leaseholders and their tenants are summarised below.

As of June 2024, many College Mews leasehold properties had EPCs of C (or better). Those with EPCs less than C have, typically, had incorrect assessments with the affected leaseholder being able to do little to improve their situation except:


1.      Have their property reassessed in the hope that the assessor will improve their EPC rating to C

2.      Pay for improvements to the insulation or energy consuming systems


Having their property reassessed does not necessarily guarantee an EPC of C because of the issue with assessors mentioned earlier.

Paying to improve the energy performance of their property is severely limited because the structure of the building is the responsibility of the freeholder – so improving insulation, changing windows, etc. would require the freeholders’ permission. The freeholder would be unlikely to grant permission because the majority of leasehold properties have EPCs of C with the same level of insulation/windows/doors, etc.

THERE IS NO PROBLEM WITH THE STRUCTURE OR DEFAULT ENERGY CONSUMING SYSTEMS AT COLLEGE MEWS – the issue stems from inaccurate EPC assessments.

Key Tenant Rights & Responsibilities

  • Right to an EPC: Landlords must give you a valid Energy Performance Certificate (EPC) before you move in.
  • Right to a Minimum Standard: Properties must meet a minimum EPC rating (currently 'E', with plans to raise to 'C' by 2028 for new tenancies and 2030 for all).
  • Right to Request Improvements: You can ask your landlord to make energy efficiency improvements, and they can only refuse if the request is unreasonable.
  • Defence Against Eviction: Failure to provide an EPC and a gas safety certificate can be a defence against landlords using Section 21 no-fault evictions (in England). 

Landlord Obligations (MEES Regulations)

  • Minimum Rating: Cannot let properties with an EPC rating below 'E' (F or G) unless an exemption applies, with plans to raise this to 'C'.
  • Compliance: Local authorities enforce these rules and can issue financial penalties for non-compliance.
  • Exemptions: If a property can't reach the standard, landlords might qualify for an exemption if improvements cost over £15,000* or all feasible upgrades are done. *Not confirmed as of January 2026.

Upcoming Changes (2026 & Beyond)

  • New EPC System: A reformed EPC system is coming in 2026 to make ratings more accurate and reflect actual energy use, not just estimated consumption.
  • Raising the Bar: Further increases to the minimum EPC standard (to C by 2028/2030) are planned, aiming to reduce bills and fuel poverty. 

What This Means for You

  • Check Your EPC: Know your home's rating and ensure you receive it.
  • Advocate for Upgrades: Use your right to ask for improvements to make your home warmer and cheaper to run.
  • Stay Informed: Be aware of upcoming changes that will push for higher standards, benefiting tenants with lower energy costs. 


ACTIONS

After more than 13-months spent pursuing the EPC assessors, assessor accreditation bodies, Trading Standards and the relevant government department the CMNL board now has a definitive DEFAULT position on College Mews EPCs of leasehold properties.


DEFAULT refers to the primary energy consuming systems installed in leasehold properties (and the controller(s) for those systems):

1.      Conductor-under-screed underfloor heating supplied by off-peak electricity

2.      The controller for 1) is a weather compensated automatic charge controller. However, the tool developed to assess EPCs (rdSAP) does not have this as a system that can be chosen by an assessor – the nearest applicable is:

3.      No Secondary Heating

4.      Hot Water – by off-peak immersion heater (with on-peak immersion heater for …….)


These primary energy consuming systems combined with the insulation/double glazing fitted ensures an EPC of C (minimum) regardless of whether the property is on the ground, middle or top floor of a block. Ironically, the score that results in an EPC rating of C is almost identical to the figure calculated by David Wilson Homes using the SAP assessment procedure when the buildings were constructed in 2000-2004. However, EPC assessors dismiss previous assessment results.


  [1] The primary energy consuming systems are: Space Heating and Water Heating