The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced Minimum Energy Efficiency Standards (MEES) to improve the energy efficiency of private rented property under the Energy Act 2011.

The Regulations apply to all domestic private rented properties in England and Wales that are let on specific types of tenancy agreement and are legally required to have an Energy Performance Certificate (EPC). Where this applies, and the property has an EPC rating of F or G, landlords must take appropriate steps to comply with the requirements of the MEES Regulations.

The qualifying tenancy types are an assured tenancy (including an assured shorthold tenancy) defined in the Housing Act 1988; a regulated tenancy defined in the Rent Act 1977; a domestic agricultural tenancy as set out in the Energy Efficiency (Domestic Private Rented Property) Order 2015 under section 24 of the Housing Act 1988, section 3(6) of the Rent (Agriculture) Act 1976 and section 4(6) of the Rent (Agriculture) Act 1976.

When the MEES Regulations were first implemented in April 2018 private landlords could not let properties on new tenancies to new or existing tenants if the EPC rating was F or G (unless an exemption applied).

From 1 April 2020 the prohibition on letting properties with an EPC rating of F and G will be extended to cover all relevant properties, even where there has been no change of tenancy. Landlords with properties assessed at EPC F and G must now improve the property rating  to E, or register an exemption, if they wish to continue to let it.

The following exemptions may be applicable;

  • All relevant improvements made exemption
  • High cost exemption
  • Wall insulation exemption
  • Third-party consent exemption
  • Property devaluation exemption
  • Temporary exemption due to recently becoming a landlord

If an exemption applies to a property with an EPC rating of F or G the exemption must be applied forFitting the criteria is simply not enough.  Landlords must register both the exemption type and the information
required to support that exemption before they can rely on it and let (or continue to let) the property. There is no fee or charge.

The PRS Exemptions Register is an online platform which allows landlords (or an agent acting on their behalf) to register valid exemptions from the minimum energy efficiency requirements. The Register can be accessed
here: prsregister.beis.gov.uk/NdsBeisUi/used-service-before

NB: Landlords and agents who need help or advice with registering an exemption, they can email PRSRegisterSupport@BEIS.gov.uk or call: 0333 234 3422.

Please see below article and fact sheet for further information.

ARLA factsheet MEES

MEES Update March 2020