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Energy fitting in Multi-occupancy Buildings – the Anglo-Saxon Perspective. Nicholas Kissen Trainrebuild Conference Paris 28 th September 2012. Law for blocks of flats. Nature of a lease Contract for term of years Freeholder/leaseholder relationship Tripartite lease

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energy fitting in multi occupancy buildings the anglo saxon perspective

Energy fitting in Multi-occupancy Buildings – the Anglo-Saxon Perspective

Nicholas Kissen

Trainrebuild Conference

Paris

28th September 2012

law for blocks of flats
Law for blocks of flats
  • Nature of a lease
    • Contract for term of years
  • Freeholder/leaseholder relationship
  • Tripartite lease
    • Management company party to lease which may comprise leaseholders
  • Regime of consents/consultation
    • Works to building
      • Section 20
        • Landlord and Tenant Act 1985(as amended)
    • Works to individual flat
      • Consent of landlord may be needed
        • Landlord and Tenant Act 1927 Section 19(2)
energy act 2011
Energy Act 2011

Timetable for Green Deal

  • Commences on 1st October 2012
  • Finance packages not available until April 2013
  • Green Deal finance available for domestic and non-domestic premises from April 2013
  • Work undertaken by the Department of Energy and Climate Change
what is the green deal
What is the Green Deal?
  • Encourage energy efficiency improvements paid for by savings from energy bills
  • Green Deal finance to undertake improvements e.g. cavity wall, roof insulation, condenser boilers
  • Repayments attach on to energy bill for the property
  • Importance of Golden Rule
    • Instalment payments for the measures must not exceed the potential associated savings based on average bill for length of Green Deal
  • Change of occupier
    • obligation passes on to new bill payer
consent framework for green deal
Consent framework for Green Deal
  • Consent to charge placed on energy bill; and
  • Consent to the energy efficiency improvement
  • But who from?
    • Freeholder
    • Leaseholder
    • Tenants
    • Bill payers
    • Local authority-planning/building regulations
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