If your rental property has an EPC rating of F or G, it cannot legally be let under current MEES regulations. This applies to both new and existing tenancies in England and Wales. Understanding your options — and acting promptly — is essential to avoid penalties and keep your property on the market.
This page explains what happens when a rental property falls below the minimum EPC E threshold, what enforcement looks like, and what steps you can take.
The Legal Position
Since April 2020, it has been unlawful to continue letting a domestic property with an EPC rating below E, unless a valid exemption has been registered. This means landlords cannot rely on an existing tenancy as a defence — the rules apply regardless of when the tenancy started.
For a full overview of the regulations, see our page on what Oxfordshire landlords need to know about MEES.
What Are the Penalties?
Local authorities are responsible for enforcing MEES compliance. If you are found to be letting a property rated F or G without a valid exemption, you may face:
- A fine of up to £5,000 if the breach has lasted less than three months
- A fine of up to £150,000 if the breach has lasted three months or more
- Publication on a public register of non-compliant landlords, which could affect your reputation and ability to secure future tenancies
Penalties can be applied per property and per breach, so landlords with multiple non-compliant properties face cumulative risk.
What Should You Do?
If your property is rated F or G, you need to take action. There are two main routes:
Option 1: Improve the Property
The most straightforward solution is to carry out energy efficiency improvements that bring the rating up to at least an E. Common measures include loft insulation, boiler upgrades, draught-proofing, and improved heating controls. For a detailed guide, see our page on how to improve an EPC rating for a rental property.
Option 2: Register an Exemption
If you have made all cost-effective improvements and the property still falls below E, or if there are legitimate reasons why improvements cannot be made, you may qualify for an exemption. Exemptions must be registered on the PRS Exemptions Register with supporting evidence and are valid for five years.
Exemption categories include situations where improvements would damage the property, where third-party consent has been refused, or where a surveyor confirms the improvements would devalue the property by more than 5%.
What If Your EPC Has Expired?
If your property’s EPC has expired, you will need a new assessment before letting. Be aware that a new EPC may produce a different rating due to changes in the assessment methodology. A property that was previously rated E might now score an F under RdSAP 10.
What If the Minimum Rises to C?
The government has proposed increasing the minimum EPC rating for rental properties to C. While the exact timeline remains unconfirmed, landlords who are currently close to the E threshold should be planning ahead. Properties rated D or E today may need further improvements to remain compliant under future rules.
Frequently Asked Questions
Can I be fined if I didn’t know my property was below E?
Yes. Ignorance of the rating is not a defence. Landlords are responsible for ensuring their property meets the minimum standard before letting.
What if my tenant refuses to allow improvement works?
If a tenant refuses consent for necessary works, you may be able to register a consent exemption on the PRS Exemptions Register. You will need evidence of the refusal.
Can I let the property while waiting for improvements to be completed?
If the property is currently rated F or G and no exemption is registered, it should not be let. You may be able to register a new landlord exemption for up to six months if you have recently acquired the property.
Book an EPC Assessment
If you are unsure of your property’s current rating, or need to reassess after making improvements, E8 Property Services can help.
Book an EPC assessment or call 01865 339535 to discuss your property.