Minimum Energy Efficiency Standards (MEES)

The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private rented properties. They apply to all domestic private rented properties that are:

• let on specific types of tenancy agreement
• legally required to have an Energy Performance Certificate (EPC)

View government guidance to find out if your property is covered by MEES regulations, and if so, how to comply. 

Compliance with the regulations

Since 1 April 2018, the regulations mean that private landlords cannot let domestic properties on new tenancies to new or existing tenants if the EPC rating is F or G (unless an exemption applies). Since 1 April 2020, the prohibition on letting F and G properties has been extended to all relevant properties. This is even where there has been no change in tenancy.

In Fenland, the MEES regulations are enforced by our Private Sector Housing team. They have a range of powers to check and ensure compliance.

We may check for different forms of non-compliance. This could include one or more of the following:

• from 1 April 2018, you let your property in breach of the regulations
• from 1 April 2020, you continue to let your property in breach of the regulations
• you have registered false or misleading information on the PRS Exemptions Register
• the landlord has failed to fulfil their obligations under the MEES regulations

If we believe a landlord may be in breach of MEES regulations, we may serve a compliance notice. This can be up to 12 months after a suspected breach occurred. 

A compliance notice helps us to decide whether a breach has occurred. If we confirm that a property is (or has been) let in breach of the regulations, we can:

• serve a financial penalty up to 18 months after the breach; and/or
• publish details of the breach for at least 12 months

We will decide on the level of the penalty up to the maximum limits set by the regulations. These apply per property and per breach of the regulations. The maximum penalties are:

• up to £2,000 and/or publication penalty for renting out a non-compliant property for less than 3 months
• up to £4,000 and/or publication penalty for renting out a non-compliant property for 3 months or more
• up to £1,000 and/or publication for providing false or misleading information on the PRS Exemptions Register
• up to £2,000 and/or publication for failure to comply with a compliance notice

The maximum amount that can be fined per property is a total of £5,000.

Appealing our decision

If you do not agree with a penalty notice, you can ask us to review our decision. We can withdraw the penalty notice if:

• new evidence shows a breach has not occurred
• a breach has occurred, but evidence shows the landlord took all reasonable steps to avoid the breach
• it decides that because of the circumstances of the case, it was not appropriate to issue a penalty

If we decide to uphold a penalty notice, a landlord may appeal to the First-tier Tribunal if they think that:

• the penalty notice was based on an error of fact or an error of law
• the penalty notice does not comply with a requirement imposed by the Regulations
• it was inappropriate to serve a penalty notice on you in the particular circumstances