Since 1 April, it has been unlawful for a landlord to let a property with an EPC rating of below E, unless an exemption has been registered on the PRS Exemptions Register.

The government has released guidance on the evidence required to register an exemption on the PRS Exemptions Register.

Whilst the guidance provides brief details of the information required to support an application for an exemption, it is not a substitute for the Regulations themselves.

An exemption may apply if the landlord has carried out all relevant energy efficiency improvements (or there are none that could be made) and the property still has a rating of below E. See our diagram to see if this exemption is likely to apply to you.

You may also be able to register an exemption if consent is required but cannot be obtained, where the works would result in a reduction in the market value of the property, or where the situation fits within the list to which a temporary exemption applies. For further information, see our legal insight – MEES: could you benefit from an exemption?

The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015 (widely known as the MEES Regulations) are complex, and it is not always clear whether an exemption will apply. TLT is able to advise you on all aspects of the MEES Regulations.