The Minimum Energy Efficiency Standard (MEES) Regulation is Changing

17 January 2020

Are you a landlord of a privately rented property? If so, you need to make sure your property meets the MEES Regulation.

What is the MEES Regulation?

The Minimum Energy Efficiency Standard (MEES) Regulations which came into force on the 1^st April 2018 set a minimum energy efficiency level for domestic private rented properties.

As of the 1^st April 2020, it will be unlawful to let residential privately rented properties which have an Energy Performance Certificate (EPC) rating of F or G. Where the MEES regulation which came into effect in April 2018 applied to new leases and renewals, from April 2020, (even if there has been no change in the tenancy), all rental properties* will need to be a minimum of EPC E or risk being in breach of the MEES Regulation.

*The MEES Regulation does not apply if your property is currently empty and you do not intend to let the property again or if the property is rented as a holiday cottage.

Spending Cap and Exemptions:

If your property has an EPC rating of F or G, you must take the appropriate steps to comply with the requirements of the MEES regulations. You must install the “relevant energy efficiency improvements” indicated on the property’s EPC, subject to a spending cap of £3,500 (including VAT).

If you cannot improve the property to an EPC E rating for £3,500 or less, you can apply for an exemption, but should still make energy efficiency improvements up to the cost cap and then apply for an exemption on the basis that “all relevant improvements have been installed and the property remains below an E”. These exemptions are:

All relevant improvement made exemption
High cost exemption
Wall insulation exemption (if the wall insulation measures would negatively impact the fabric/structure of the property)
Third part consent exemption
Property devaluation exemption, and
Temporary exemption.

Please visit the Gov.UK MEES Regulations webpage for detailed information on each exemption, what evidence you must be provided and how to apply.

Important dates you need to keep in mind for when to take action:

The current tenancy period	Action
If the tenancy started before 1 April 2018 and runs until at least 1 April 2020	You have until 1 April 2020 to improve the property rating to E or register an exemption if you want to continue to let it.
If the tenancy started before 1 April 2018, but you plan to enter a new tenancy (with a new or existing tenant) before 1 April 2020	You need to improve the property rating to E, or register an exemption, before you enter into the new tenancy or renew an existing tenancy
If the tenancy started on or after 1 April 2018	If you haven’t already acted, you must improve the property’s rating to E immediately, or register an exemption

What are the MEES regulation penalties?

The MEES Regulations are enforced by your Local Authority (LA). The LA can serve you with a compliance notice, up to 12 months after a suspected breach has occurred, if they believe the MEES Regulations have not been met. If a breach can be confirmed, you may receive a financial penalty, the maximum penalty per property is £5,000. The financial penalty can be served up to 18 months after the breach has occurred and/or the LA can publish details of the breach for at least 12 months.

For more information please visit the Gov.UK MEES Regulations webpage.

Or call Action Surrey for energy efficiency advice on 0800 783 2503

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