Teignbridge Council is responsible for ensuring compliance with MEES. 

As well as challenging exemptions registered on the PRS exemption register we are using National EPC databases and a range of other data sources to help identify properties being let with EPC ratings of F and G. 

Landlords who are found to be in breach of the legislation will be issued with compliance notices and may face possible financial penalties of up to the maximum £5K.  

We have looked at all exemptions registered by agents on behalf of property owners and have identified a few common misinterpretations of the legislation: - 

• If a property has an EPC rating of F or G, the relevant recommended works under the landlord contribution cap of £3.5K must be carried out regardless of whether it is possible to achieve an ‘E’ rating or not. That is providing that none of the other exemptions apply, ie Consent denied, Wall Insulation, etc 

If after relevant works have been carried out and the EPC rating is below E ‘All Improvements made’ exemption should be registered, to do this invoices and quotes must be submitted for all remaining relevant works which would take costs over and above the landlord contribution cap. 

There are several exemptions registered for which quotes have been submitted to carry out higher cost works only, ignoring lower cost relevant works, these exemptions are being challenged. 

• Incorrect use of ‘Cost exceeds Cap’ exemption.  This exemption should only be registered if no improvements can be made because the cost of installing even the cheapest recommended measure would exceed £3.5K including VAT 

• To register ‘Consent Denied’ exemption in respect of a listed building, evidence of consultation with a Conservation Officer from Teignbridge District Council or Dartmoor National Park must be submitted.  When contacting the Conservation Officer provide them with a copy of the EPC, they will let you know which of the recommended measures will not require listed building consent, which works will require consent and of these which are unlikely to be granted consent.  Any relevant works which do not require consent and/or which following a listed building application are granted consent under the landlord contribution cap of £3.5K must be carried out, unless one of the other exemptions apply.   

If after relevant permitted works have been carried out the EPC rating is still below E the ‘Consent Denied’ exemption should be registered, submit a copy of correspondence with the Conservation Officer, email or letter, copies of invoices, quotes for remaining permitted relevant works which would take costs over and above the landlord contribution cap. 

• ‘Walls exemptions’ have been incorrectly registered in respect of listed buildings.  This exemption should only be used in respect of properties for which a specialist report has been obtained confirming that wall insulation should not be installed due to its potential negative impact on the fabric or structure of the property. All other works under the landlord contribution cap should be carried out prior to registering the exemption.

For more information see Guidance on PRS exemptions and Exemptions Register evidence requirements - GOV.UK (www.gov.uk) 

If after the exemption has been registered further documents or information becomes available please update the exemption register accordingly, removing any exemptions that no longer apply.

In addition to MEES Regulations, The Housing Act 2004 gives Local Authorities the duty to enforce housing standards in the private rented sector. The EPC rating of a property cannot be considered in isolation and landlords will need to provide adequate heating and thermal comfort even if a property meets an EPC E. In accordance with our Housing Enforcement Policy the Council may require an inspection and further works beyond those required by MEES.  

Grants of up to £5K are currently available to help landlords with 2/3rds of the costs of installing energy efficiency upgrades.  To be eligible properties must be occupied by a tenant who meets the qualifying criteria. Grants are not available to carry out energy improvements to vacant properties between tenancies. 

This is an opportunity for landlords to carry out more costly energy efficiency improvements in readiness for the governments proposed increase to the minimum EPC rating, D - 2025 and C - 2030.  Carrying out works costing £7.5K with a grant the landlord only contributes £2.5K.  Any third-party funding obtained for energy efficiency improvements counts towards the £3.5K landlord contribution cap.   

There are currently two types of grants available for tenanted properties in Teignbridge, with differing qualifying criteria, one is for air source heat pumps only and the other is for all other measures.    

For information regarding air source heat pumps please see Warm Home Fund and Green Homes Grant 1B - Teignbridge District Council   

For information regarding other energy efficiency improvements see LAD2 GENERIC APPLICATION FORM - JULY 2021 - Formstack 

We may also be able to offer a loan through our partners Lendology | Your Community Lender for energy improvements, towards the landlord grant contribution, MEES contribution cap or if works, including energy upgrades, are required to improve vacant properties prior to re-letting.  

On completion of any relevant works please forward copies of invoices, quotes, additional supporting documents such as letters, emails, and specialist reports. 

Please note: The funding is subject to eligibility, survey, terms and conditions and available funding. 

Help tenants reduce the spread of Covid 

The Rt Hon Christopher Pincher MP Minister of State for Housing has written an open letter to all landlords in England to encourage them to do everything they can to cascade the importance of good ventilation to their tenants to minimize the spread of Covid.   

In facilitating good ventilation, landlords should ensure that: -  

·       All habitable rooms have functioning openable windows 

·       Ensure that all bathrooms/kitchens have either functioning openable window and or operable mechanical extract ventilation 

·       Consider installing positive pressure or constant run ventilation systems 

·       Ensure tenants have clear instruction regarding the operation of ventilation and heating systems 

Whilst recognizing that some tenants may be reluctant to open windows during colder months, please ensure that tenants are aware of help for vulnerable tenants and those who need support with their energy bills. 

Help for tenants struggling with heating bills 

Warm homes discount – If a tenant is in receipt of guaranteed pension credit or on a low income – There is £140 discount on electricity bill for Winter 2021 - 2022 Warm Home Discount Scheme - GOV.UK (www.gov.uk) 

Cold weather payment – If the average temperature in your area is recorded as, or forecast to be, zero degrees Celsius or below over 7 consecutive days, qualifying tenants receive £25 for each 7-day period.  Tenants must be in receipt of income-based benefits, ie Pension Credit, Income Support, Universal credit, Income based job seekers allowance etc and a member of the household has a disability, is a child under 5 or a pensioner Cold Weather Payment - GOV.UK (www.gov.uk) 

Winter fuel payment – paid automatically if tenant receives state pension, Winter Fuel Payment - GOV.UK (www.gov.uk) 

If tenants are experiencing financial difficulty, please advise them to talk to their energy supplier. 

Kind Regards

Hayley Farley

Empty Homes Officer

Taken from an email sent by 

Hayley Farley

Empty Homes Officer

For more information on the 2025 new rules see https://www.landlordtoday.co.uk/breaking-news/2021/11/epc-crisis-many-properties-could-be-unsellable-and-unrentable-by-2025