18 April, 2019
Following on from our previous article 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (the "Amendment Regulations") following on from the government's response to its consultation.
The changes in the main relate to domestic private rented properties only and are as follows:
As mentioned in our previous article, for the purposes of the MEES Regulations if the landlord is a body registered as a social landlord the property is deemed not to be a domestic private rented property. This includes registered providers ("RPs"). This means that social landlords do not have to comply with these regulations in relation to domestic privately rented properties only. However, if a tenancy is granted through a subsidiary or group company and not the RP and/or the tenancy is granted at open market rent then the regulations will have to be complied with.
It is important for landlords and RPs to note these changes as the penalties include fines of up to £150,000 for non-domestic and £5,000 for domestic private rented properties, as well as publications of non-compliance for providing false information or failing to comply with a compliance notice.
For more information contact Lyndsay Baxter in our Housing & Regeneration department via email or phone on 01772 220384. Alternatively send any question through to Forbes Solicitors via our online Contact Form.