Minimum energy efficiency standards

Since 1 April 2020, it has been unlawful for a landlord or agent to rent out a domestic property with an EPC rating of F or G, unless they have a valid exemption in place.

Energy Performance Certificates

An Energy Performance Certificate (EPC) is usually needed whenever a property is built, sold or rented.  An EPC contains:

• information about a property’s energy use and typical energy costs
• recommendations about how to reduce energy use and save money

An EPC gives a property an energy efficiency rating from A (most efficient) to a G (least efficient) and is valid for 10 years. To check whether a property has a valid certificate and what its energy rating is, go to GOV.UK Find an energy certificate.

How to comply with Minimum Energy Efficiency Standards

If you are a landlord with a property with an F or G EPC rating, you should review and act on the recommendations of the EPC or, if appropriate, register an exemption.

If you have a property with an older EPC, which has already undergone work to meet the standards, you may need to renew the EPC to reflect the current energy efficiency of the property.

For more information on what to do, see GOV.UK: Domestic private rented property minimum energy efficiency standard - landlord guidance. 

Action Surrey has helpful advice and guidance on how to improve the energy efficiency of your property.

Private Rented Sector (PRS) Exemptions

If you cannot improve the property to an EPC E rating for £3,500 or less, you can apply for an exemption. You should still make energy efficiency improvements up to the £3,500 cost cap.

You can apply for an exemption on the basis that “all relevant improvements have been installed and the property remains below an E”.

There are other reasons a property may be exempt from the regulations. Read GOV.UK: Exemptions for full details. 

If a property might be exempt, you must register for an exemption online:

Register an exemption with GOV.UK

Enforcement

For properties in Elmbridge, if we believe that the landlord has failed to fulfil their obligations under the Minimum Energy Efficiency Standards (MEES) regulations, we can serve the landlord with a compliance notice.

If we can confirm that a breach of the regulations has occurred, the landlord may receive a financial penalty. Landlords are considered non-compliant with the MEES Regulations if:

• they let a domestic property with an EPC F and G rating, even if there has been no change in tenancy, or the landlord continues to let their property in breach of the MEES Regulations
• they have registered false or misleading information on the Private Rented Sector (PRS) Exemptions Register

Penalties

We can decide on the level of penalty given to the landlord in breach of the regulations, up to the maximum limits set out by the MEES regulations. The maximum amount a landlord can be fined per property is £5,000.

Reasons for improving energy efficiency

If you are a landlord, improving the energy performance of homes you let out makes sense:  

• your tenants will be more comfortable, with lower heating bills, and less likely to complain or move on
• your properties will get better Energy Performance Certificate ratings (EPCs), making them easier to rent out
• any improvements you make will add to the value of your properties should you choose to sell them in the future