The Minimum Standards for Energy Efficiency (MEES) were introduced under Section 55 of the Energy Act 2011. The standards require landlords in the Private Rented Sector (PRS) to ensure properties achieve an EPC rating ‘E’ from the 1st of April 2020 upon a change of tenancy and then an EPC rating ‘D’ from 1st of April 2022. 

According to Scottish Government statistics (Housing Statistics for Scotland 2019) there are 2.6 million homes in Scotland of which 370,500 are privately rented (approx. 14.25%). 

The release of the ‘Energy Efficient Scotland Consultation’ provided a clear picture of what minimum energy efficiency standards in Scotland could look like in the years to come and what to expect from these standards. It proposes that MEES within the PRS would begin with a minimum standard of EPC rating ‘E’ from 1st April 2020 which would then increase to EPC rating ‘D’ from 1st April 2022, and landlords would need to ensure that these standards are met at a change of tenancy, where it is technically feasible and cost effective. 

Failure to meet the standard could result in financial penalties and can prevent a landlord from letting or continuing to let a property that does not meet the standards. The regulations would also introduce a cost cap of £5,000 for any required works needed for a property to meet the required standard, as well as fines for non-compliance. 

Although these new Regulations were due to come into force on the 1st April 2020 and be implemented from the 1st October 2020, the Housing Minister for Scotland announced the delay of the Regulations due to the impact of the COVID-19 pandemic. Therefore, the PRS was not subject to the minimum standards from the 1st October 2020 and work on the Regulations will commence once COVID-19 restrictions begin to ease.

What do you think about energy efficiency standards in the private rented sector?

Adam Al-khateb  28/10/20