Energy Performance of Buildings Regulations and Minimum Level of Energy Efficiency Standard.
The Energy Performance of Buildings (England and Wales) Regulations 2012 state a landlord must make sure that an Energy Performance Certificate (EPC) has been commissioned before the property is advertised to rent. The GOV.UK page on Energy Performance Certificates has information on how to do this.
The person acting on behalf of the landlord, for instance, the letting agent, must make sure an EPC has been commissioned. Every reasonable step must be taken to get the EPC within 7 days from the date the building goes on the market.
If, having taken all reasonable steps, the EPC is not obtained after 7 days, the time limit is extended for another 21 days.
After a total of 28 days, if the building is still being marketed without an EPC, the local weights and measures authority may issue a penalty charge notice (a fine) to the landlord or the letting agent.
The fine is:
- £200 per property, for a dwelling
- £500 minimum per property, for a building that isn’t a dwelling
The energy performance rating from the EPC must be included in any advertisement of a property offered for rent in commercial media.
The local weights and measures authority may issue a penalty charge of £200 where they believe there has been a breach of this duty.
The EPC must be provided by the landlord to a prospective tenant as soon as possible, and no later than:
- when information about the property is first made available by the landlord in writing, or
- when the prospective tenant views the property
The landlord must also give the tenant a copy of the EPC at the start of tenancy, free of charge.
Minimum level of energy efficiency standard
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the MEES regulations) set a minimum energy efficiency level for domestic private rented properties.
The MEES regulations apply to all domestic private rented properties that are:
- let on specific types of tenancy agreement
- legally required to have an Energy Performance Certificate (EPC)
Under the MEES regulations, landlords cannot let properties with an EPC rating of F or G, unless they have an exemption in place.
The Department for Business, Energy and Industrial Strategy (BEIS) has created guidance for landlords of domestic private rented property on how to comply with the MEES regulations.
