How to Use the Law Effectively to Achieve Tenant Participation in Retrofitting
Key Contact: Liz Gibbons
Compelling tenants to allow decarbonisation retrofitting in the UK requires a careful balance between landlord rights, tenant protections, and statutory obligations. Read our ideas for sensitive approaches:
#1 Rely on the right to access for repairs and improvements
Landlord’s right of entry
Under the Landlord and Tenant Act 1985, landlords have the right to enter a tenant’s home to carry out repairs, as long as they provide at least 24 hours’ written notice and conduct entry at a reasonable time. Retrofitting for decarbonisation, like installing insulation or energy-efficient heating systems, could be argued to fall under essential repairs or improvements, particularly if it helps maintain the property in a “fit for habitation” state.
Seek permission for “improvements”
If retrofitting does not fall under essential repairs, providers can argue it is a beneficial “improvement,” while clearly communicating the benefits to tenants.
Minimise health risks
Providers can frame retrofitting as necessary to maintain a healthy, well-insulated environment (free of mould and damp, etc) under the Housing Health and Safety Rating System (HHSRS), which legally justifies the need for tenant compliance.
#4 Engage in tenant consultation and obtain consent
Consultation requirements under the Housing Act 1985
The Housing Act requires landlords, especially in social housing, to consult tenants on significant changes to their homes or living conditions. Consultation helps tenants understand the purpose of retrofitting and allows them to raise concerns, potentially reducing opposition. Engaging tenants early in the process and addressing their concerns can make them more amenable to granting access.
Offer incentives for compliance
Some providers offer incentives for tenants who agree to retrofitting, such as temporary rent discounts, alternative accommodation, or covering certain utility costs if retrofits lead to a temporary increase in bills.
#5 Use environmental or energy efficiency regulations as a justification
Leverage EPC requirements
While social housing currently has specific exceptions from Minimum Energy Efficiency Standards (MEES) regulations, the trend toward tightening EPC standards for rental properties may encourage tenants to comply, in order to continue as a viable rental property.
Cite local authority decarbonisation initiatives
If local councils mandate or strongly encourage retrofits as part of climate action goals, social housing providers can align their retrofitting efforts, giving additional legal and social justification.
#6 Collaborate with tenant advocacy groups
Tenant associations or resident groups can help providers get buy-in. TPAS Cymru has supported social housing tenants and landlords in Wales for over 30 years and has a strong track record in developing effective participation through training, support, practical projects and policy development.
#7 Seek court intervention as a last resort
Under the Housing Act 1988 and Landlord and Tenant Act 1985, landlords can sometimes apply for a court injunction if tenants unreasonably withhold access for essential works.
It’s crucial to show the court that the provider has made good faith efforts to consult with tenants, address their concerns, and provide ample notice.
Need help with disrepair claims? Contact our Property Litigation team.
