Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES)
The above regulations have been introduced to help improve the thermal efficiency of private rented properties. These regulations now cover all existing and new tenancies. These regulations are also retrospective for a 12-month period only. Action can be taken regarding breaches from 1 April 2018 for any new tenancies and from 1 April 2020 for all existing tenancies.
There are exemptions to these regulations. They are as follows -
- high cost – exceeds £3,500 including VAT. This lasts for 5 years
- wall insulation – if it is the only relevant measure, and the landlord has written advice that this would be detrimental to the fabric of the building. This lasts for 5 years
- third party consent. This lasts for 5 years
- the measures would devalue the property. This lasts for 5 years
- there are some exemptions for landlords who have only been a landlord within the last 6-months. This lasts for 6-months
Further guidance can be found on GOV.UK.
If the property let is one of the following types of tenancy -
- assured shorthold
- regulated tenancy
- domestic agricultural tenancy
If the property has been let or marketed for sale or modified in the past 10 years, it will be legally required to have an Energy Performance Certificate of E or above.