New Energy Performance Rating Restrictions For Landlords

On or after 1 April 2023, Landlord’s will be prohibited from continuing to let properties with an Energy Performance Rating (‘’EPC’’) of F or G.

A Landlord may rely on several exemptions from the requirements by inputting property information into the PRS Exemption Register, which is monitored and maintained by the Secretary of State. Some of the exceptions are noted below.

The consent exemption is triggered if a third party’s consent is needed to improve a property’s EPC rating and the third party’s consent is subject to a condition which is unreasonable for the Landlord to satisfy.
The devaluation exemption applies where a Landlord has not been able to increase the property’s EPC rating due to a surveyor reporting the improvements will decrease the property’s market value by more than 5%.
Alternately, the Landlord may be granted a 6-month extension to comply with the MEES regulations. The criteria for such an extension range from contractual obligations, a tenant’s insolvency, a creation of a new lease via an operation of law and by a court order. A Landlord of a non-domestic property may also be granted an extension if a renewal lease has been granted virtue of Part 2 of the Landlord and Tenant Act 1954.

If a Landlord fails to comply with the MEES regulations, enforcement action may be taken against them and financial penalties up to £150,000.00 can be charged for breaching letting restrictions, registering misleading information on the PRS Exemptions Register and for failing to comply with a compliance notice which may be served. Such information may also be publicly publicised to name and shame Landlords who breach their obligations to comply with the regulations by displaying it on the publicly assessable PRS Register.

If you are a Landlord and are concerned about compliance with the MEES Regulations, please contact a member of BRM’s Real Estate Team.

Sheffield Office: 0114 3497000

Chesterfield Office: 01246 555111

info@brmlaw.co.uk

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