Residential MEES Regulations

This has been introduced by government to improve the quality of private rented buildings and reduce the overall CO2 emissions in accordance with the UKs targets for decarbonisation. From 1st April 2018, phase one of the MEES regulations came into force which has big implications for landlords of private rented property. As a result of this, it was deemed unlawful to let properties on a new lease with an Energy Performance Certificate (EPC) rating below an ‘E’ rating.

As from 1 April 2020, landlords cannot let, or continue to let, domestic, private rented properties (which includes Assured Tenancies and Rent Act Tenancies) where there is a valid EPC with a rating of F or G. These properties are categorised as “sub-standard” under the Minimum Energy Efficiency Regulations (MEES).

If such a property does not currently have a valid EPC, landlords should consider when an EPC is now required.

Which properties are exempt

There are various exemptions from the MEES regime, but these are very limited and are only temporary. Sometimes, the exemption will simply allow the landlord a period of time to make the improvements to bring the property up the required standard, or time to register another valid exemption (see below).

Here is a summary of the main exemptions – please take advice on the details, if you are considering using them:

Devaluation: if a landlord can prove that undertaking the relevant energy efficiency improvements would reduce the market value of the property by more than 5%.
High cost: if a landlord can prove that the cost of buying and installing the cheapest recommended improvement is more than £3,500.
New landlord: in specified circumstances or, from 1 April 2020, if someone becomes a landlord e.g. buys an interest in a sub-standard property that was already let on an existing tenancy.
Third party consent: if a landlord needs the consent of a third party to do the improvement works, but cannot obtain such consent.
Wall Insulation Exemption: where certain recommended wall insulation systems cannot or should not be installed even though they do not exceed £3,500
Any exemption must be registered on the Private Rented Sector Exemptions Register, together with supporting evidence.

The consequences of non-compliance for landlords are serious and unwanted: they could face enforcement action by their local authority, financial sanctions and negative publicity.

Please see below for the new future domestic MEES dates: