Briefing Note: Consultation on EV Charging Rights for Tenants and Leaseholders

By Lucy Riley

Legal Director

Government Consults on Expanding EV Charging Access

On 21 October 2026, the Government launched a consultation seeking views on proposals designed to make it easier for residential tenants and leaseholders in England to install electric vehicle (EV) charge points at off-street parking spaces. The consultation closes on 16 December 2026.

What is Being Proposed?

The proposals aim to introduce an “ability to charge” framework, requiring landlords and freeholders to deal with requests for EV charging installations in a timely and transparent manner for residential tenants and leaseholders. This includes mixed tenure estates, mixed-use developments and shared ownership properties.

The consultation considers covering as many parking types as possible, including those which are included in flat leases, allocated parking, communal parking, spaces away from the property and spaces in multi-use car parks.

Consultation Considerations

The Government is seeking views on:

1. How the proposals should be implemented such as:

  • Through non-statutory guidance encouraging best practice, including encouraging landlords and freeholders to consider requests carefully and provide reasons and evidence for refusal; or
  • Through legislation requiring landlords and freeholders to make efficient decisions on requests to install EV charge points and not unreasonably refuse requests.

2. What should constitute reasonable grounds for refusal

Possibly, a breach of lease terms, requirement of local electricity network upgrades, insufficient parking spaces, no off-street parking or failure to comply with electrical safety standards.

3. Who should be responsible for post installation costs

Current proposals suggest that tenants or leaseholders would arrange the installation of the EV charge point and pay upfront costs, such as installation works and fees for permission to make alterations.

4. A potential dispute resolution mechanism

A formal escalation or dispute resolution process could be introduced for disagreements relating to EV charging requests.

How We Can Help

We are monitoring the progress of the consultation and any resulting legislation. Landlords, developers, freeholders, managing agents and leaseholders may wish to seek legal advice and/or review their existing documentation to prepare for potential changes.

If you would like advice on how the proposed EV charging reforms may affect your property portfolio, lease arrangements, or want to get involved in the consultation, please contact us on 0345 646 0406 or complete our enquiries form, and a member of our Commercial Property Team will be happy to assist.