Do you comply with the new regulations?
As from the 1st April 2018 ‘Minimum Energy Efficiency Standards’ (MEES) is being introduced so that all new tenanted properties should meet a minimum Energy Performance Rating.
When you come to sell or let a property in the UK, it is a legal requirement to have an Energy Performance Certificate for the property when you begin marketing.
Legislation is about to be introduced for tenanted properties. From the 1st April 2018 it will be unlawful to undertake a new tenancy at your property if the EPC Rating doesn’t meet the minimum ‘E’ standard.
The law will apply from April this year, but it will soon go further, in that the EPC Rating of all rented properties must be an E or better from April 2020.
ARE THERE ANY EXEMPTIONS?
There may be circumstances where new tenancies are exempt from meeting the new regulations. Landlords can apply to their local authority for an exemption:
Third Party Consent:
If the planning authority, tenant or superior landlord refuses to give their consent for the energy efficiency improvements to be actioned, or certain conditions are given which the landlord cannot comply to, then the Minimum Energy Efficiency Standard (MEES) regulations are waived.
Devaluation:
The property is exempt from the Minimum Energy Efficiency Standard (MEES) regulations if an independent qualified surveyor determines that the energy efficiency improvements, would reduce the value of the property by more than 5%.
The "Golden Rule"
There two circumstances where this applies;
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Where a qualified energy assessor has determined that all possible energy efficiency improvements have been made.
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Energy efficiency improvements would not pay for themselves in 7 years through the potential saving.
Listed Buildings:
Landlords can apply to their local Conservation Officer where improvements would unacceptably alter the character or appearance of a listed building.
WHAT CAN YOU DO?
If, as a landlord you cannot or do not wish to cover these costs, there are some funding options available to you
The main funding options (although others are available)
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Home Energy Efficiency Grant
What are the penalties for non-compliance of MEES (minimum energy efficiency standards)?
Providing false or misleading information to the PRS Exemptions Register £1000 and Publication of non-compliance.
Failure to comply with a compliance notice from a local authority £2000 Publication of non-compliance.
Renting out a non-compliant property (Less than 3 months non-compliance) £2000 fixed penalty and Publication of non-compliance.
Renting out a non-compliant property (3 months or more of non-compliance) £4000 fixed penalty and Publication of non-compliance.
Energy Performance Certificates for Rented Properties
