New MEES Compliance Deadline – April 2020

Since 1 April 2018, it has been unlawful to let a residential property with an Energy Performance Certificate (EPC) rating of less than E.  This initial stage only affected the grant of a new tenancy or the renewal of an existing tenancy.

However, From 1 April 2020 the Minimum Energy Efficiency Standards (MEES) (under which EPCs are assessed) will apply retrospectively, across the board, to all new and existing residential tenancies.  This means, Landlords will not be able to continue to let a residential property, after 1 April 2020, unless the property has an EPC with a minimum efficiency rating of E or above (unless a specific exemption applies).

The MEES Regulations apply to all residential tenancies. They are therefore relevant to Assured Shorthold Tenancies (ASTs), assured tenancies and assured agricultural occupancies under the Housing Act 1988 and Rent (Agriculture) Act 1976 occupancies as well.  Although, currently it is understood that Farmhouses and farm cottages let under the Agricultural Holdings Act 1986 (AHAs) or Farm Business Tenancies (FBTs) do not require an EPC.  However, if the properties are sublet by the farm tenant then an EPC may be required and the farm tenant is likely to be responsible for this.