The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (MEES Regulations) are intended to improve the energy efficiency of both residential and commercial property.
On 22 May 2018, the Department for Business, Energy and Industrial Strategy (DBEIS) published some much needed guidance relating to exemptions and evidence requirements (PRS Exemptions Guidance). This summarises the exemptions available to landlords under Part 3 of the MEES Regulations and the evidence requirements for each type of exemption.
Part 3 of the MEES Regulations prohibit landlords from letting or continuing to let certain sub-standard properties, on or after the relevant date, without a legitimate reason as permitted by the MEES Regulations.
One of the legitimate reasons is that an exemption in Chapter 4 of Part 3 of the MEES Regulations applies. The other is that all the relevant energy efficiency improvements that there are for the property have been made (even though the property is still sub-standard). This reason is not called an exemption in the MEES Regulations, although it has the same effect. The PRS Exemptions Guidance refers to each of these legitimate reasons as exemptions.
To claim these exemptions (which last only five years at most), the landlord must enter relevant details on the PRS Exemptions Register. For more information, see the Guidance on PRS exemptions and Exemptions Register evidence requirements.
If you require any further information please contact our Specialist Team on 0800 088 6004.