Minimum Energy Efficiency Standards (MEES) in Privately Rented Homes

The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private rented properties.

Under the Energy Act 2016, landlords must:

1. Have an Energy Performance Certificate (EPC) and provide a copy to tenants whenever they rent their properties out (a copy of the EPC certificate must be provided by landlords to all assured shorthold tenants at the property whose tenancies began on or after 1st October 2015 (required under the Deregulation Act 2015)); and
2. Ensure all rented homes have at least an E rating on the EPC:

• • Since 1 April 2016 – tenants can request energy efficiency measures and landlords may not unreasonably refuse consent.
  • From 1 April 2018 – all tenancies starting new or renewing after this date MUST have at least an E-rating on the property's EPC by law.
  • From 1 April 2020 – all other privately rented homes (i.e. those on continued leases) MUST have at least an E-rating on the EPC to be lawfully let out (unless they have a valid exemption in place)

It is the landlord’s responsibility to ensure they meet these requirements and have an EPC rated E or above as evidence that their property is legal to rent out (unless the property is exempt). More information on exemptions can be found here:

The MEES Regulations are covered by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

Energy Performance Certificates

Energy Performance Certificates (EPCs) are a legal requirement whenever a property is built, sold, or rented.  They contain information about the property’s energy use and typical energy costs, and how to reduce these.  They also grade a property's energy efficiency from A (most efficient) to G (least efficient).

To access an existing EPC or find an EPC assessor, visit the EPC Register website. 

Some buildings do not need an EPC (and are exempt from the Energy Act 2016 requirements)

These include:

• Temporary buildings that will be used for less than 2 years
• Stand-alone buildings with total useful floor space (of less than 50 square metres)
• Industrial sites, workshops and non-residential agricultural buildings
• Buildings that are due to be demolished
• Holiday accommodation that’s rented out for less than 4 months a year or is let under a licence to occupy
• Residential buildings intended to be used less than 4 months a year
• Places of worship
• Listed buildings (if the work required to meet the minimum energy performance requirements to rent out the property would unacceptably alter its character or appearance).

Who does MEES apply to?

The MEES Regulations apply to:

• Properties with an assured tenancy
• Properties with a regulated tenancy
• Properties with a domestic agricultural tenancy
• Houses in Multiple Occupation (HMOs) if the overall building requires an EPC

General exclusions:

• Properties legally exempt from needing an EPC (such as certain historic or listed buildings where improvements/ necessary work to achieve an E+ rating would unacceptably alter the building’s character and appearance.
• Tenancies lasting 6 months or less (with no option to renew) or long leases of 99 years or more.

To know what energy efficiency improvement work would be necessary, it will likely necessitate getting an EPC. To understand the requirements and the historical significance of the property, landlords of Listed Buildings and/or properties in Article 4 conservation areas are advised to contact the Council’s Conservation Officer to discuss their options or to submit a Listed Building Pre-Planning application, listing all works intended to be carried out.  Advice from the pre-application will help landlords gauge whether recommended works are likely to be possible before putting in a full planning application.

Non-compliance with the Regulations

Breaches of the regulations include:

• From 1 April 2018, you let your property in breach of the Regulations (EPC below an E rating)
• From 1 April 2020, you continue to let your property in breach of the Regulations (EPC below an E rating)
• You have registered any false or misleading information on the PRS Exemptions

Wyre Forest District Council is actively monitoring the EPC register to identify non-compliant properties within the District alongside scrutinising the PRS Exemptions Register to ensure all exemptions are valid.

Landlords who choose not to comply with the Regulations will be subject to enforcement action from the Council. This could result in financial penalties up to £5,000.

The Council is also actively identifying properties that may already be meeting the minimum standards under MEES; however lack suitable and sufficient heating and/or insulation.

These deficiencies are associated with the Excess Cold hazard when using the Housing Act 2004, Housing Health and Safety Rating System (HHSRS)

We have powers under the Housing Act 2004 to require works to be completed in private rental properties; these will include improvements to a heating system and/or additional or upgraded levels of insulation.

Please see the CIEH excess cold enforcement guidance for more information.

Upcoming changes to MEES?

Government has committed to look at a long-term trajectory to improve the energy performance standards of privately rented homes in England and Wales, with the aim for as many of them as possible to be upgraded to EPC Band C or equivalent by 2030.