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Why this matters.
If you let homes or commercial premises in England or Wales, the Minimum Energy Efficiency Standards (MEES) decide whether you are allowed to let them at all. Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, a landlord must not grant or continue a tenancy of a domestic private rented property with an Energy Performance Certificate (EPC) rating of F or G, unless a valid exemption is registered on the PRS Exemptions Register. For non-domestic property the same E minimum has applied to new lettings since 2018 and to continuing lettings since 1 April 2023. Separately, the Energy Performance of Buildings (England and Wales) Regulations 2012 require a valid EPC (normally lasting 10 years) to be given to a prospective tenant before a property is let.
The penalties are significant and local authorities (for homes) and Trading Standards or other enforcement authorities (for commercial lets) do enforce them. For domestic lets, fines run up to £5,000 per property per breach, and the landlord’s details can be published. For non-domestic lets, fines are set at 10% or 20% of the property’s rateable value, up to £150,000. Exemptions, such as the domestic £3,500 high-cost cap or third-party consent refusal, only help if they are registered and supported by evidence, and most last five years and do not pass to a buyer. The government has also consulted on raising the minimum standard to EPC C by 2030, so landlords planning improvements should check what is coming. This check covers England and Wales; Scotland and Northern Ireland have their own rules.
