Robert Wilson from Assessing Energy has been fully trained in the Minimum Energy Efficiency Regulations (MEES). Check out his qualifications here.
We offer a review service of your property or property portfolio that will ensure that you are compliant with the new regulations.
Please contact us and we will get back to you.
Phone: 0151 339 0486
Mobile: 0774 308 6651
The Regulations were published in February 2015, however the rules are constantly updated so please contact us for the latest information.
The Regulations were put in place to meet Government obligations set out in the 2011 Energy Act and they are set up to improve the energy efficiency of privately rented sector (PRS) property. Both domestic and non-domestic rented properties are included however, whilst the principles are the same, there are some differences.
Tenants have less control over the properties that they live in and Private Rented Sector property tends to be lower rated and more likely to be F and G rated. The PRS sector is growing fast, it has doubled in size in a decade.
The regulations are part of the Department for Communities and Local Government, Energy Efficiency in Buildings - click here to see the latest documents.
These regulations apply to the Domestic private rented sector in England and Wales ONLY. However the Welsh Government may have their own angle on the regulations and may wish to adopt them or alter them. Welsh landlords MUST have a licence awarded to them by the local authority, to allow them to rent out properties. It may be that MEES forms part of the licence. Scottish Government are looking at the regulations, but have their own energy regulations in the form of Section 63 and Section 64.
The Minimum Energy Efficiency Standard (MEES) has been set at an E rating
Landlords will be eligible for exemptions from reaching an E rating where they can evidence
To achieve the MEES – Measures that improve the dwelling to an ‘E’ rating must be permissible, appropriate and cost effective, it is important to note that tenants already have the right to ask landlords to consider reasonable improvements to properties. Conversely, tenants also have the right to refuse consent.
There are currently mechanisms in place to check that an EPC is in place prior to a new tenancy, as the property would need to be marketed.
From 1st April 2020, the regulations will apply to ALL privately rented domestic properties in the scope of the regulations, including where a lease is already in place and property is currently occupied by a tenant. By definition, this means that all PRS properties must have a valid EPC in place or have a valid exemption for the property on the PRS register.
The MEES Regulations are enforced by Local Weights and Measures Authorities (LWMAs). To avoid enforcement, Landlords need to do one of the following:
LWMAs can serve a compliance notice on the landlord if they do not agree or feel insufficient evidence is supplied on the PRS register. Ultimately the LWMAs may issue a penalty notice (a fine), these are potentially very costly to a landlord where a property is let in breach of the MEES Regulations or where a penalty is imposed, the lease as between the landlord and the tenant remains valid and in force. Fines up to £10,000 are possible if you fail to comply or provide false information and there is an appeals process.
The Government has committed to review the effectiveness of these regulations every 5 years, the first being in 2020.
The exemptions register is being run by Northgate Public Services and is split into two sections for domestic and non-domestic properties.
There are obvious threats but also opportunities, the most obvious threat to landlords is the financial cost of upgrading non-compliant buildings and the potential loss of income if a property cannot be rented out. Additional fines for non-compliance or inappropriate applications for exemptions are also a threat. There are, however, opportunities for landlords to engage with tenants to enter green leases and there is also the potential to increase rental and asset value through making energy efficiency improvements and doing other upgrades at the same time – therefore saving overall costs. All landlords should take the opportunity to read the Government guidance which has been published.
Similar to landlords, Managing Agents are responsible for the on-going management and maintenance of properties. They should consider the age of the EPC and if any work has been done to the property following the issue of the EPC.
There is funding and support for Landlords to improve the efficiency of their properties:
The majority of recent amendments relate to domestic privately rented property and can be summarised as follows: