MEES, EPCs and rental property databases

In pursuit of improving the general standard of private rented accommodation, some steps taken by the Renters' Rights Act 2025 (RRA) may feel unduly hard on owners of older, rural and often energy-inefficient properties. The irony is that, whilst these are precisely the sort of properties in which people dream of living, it is becoming increasingly hard to let them – and nigh-on impossible to make them comply with modern standards.

EPCs and MEES: the devil we know

Back in 2020, the advent of the minimum energy efficiency standards (MEES) meant that it became illegal to continue to let a domestic property with an energy performance certificate (EPC) rating of lower than E, unless a valid exemption was registered.

Enforcement was patchy, and it was often possible either to argue that a property was listed and therefore an EPC was not required (because any changes recommended by the EPC would unacceptably alter the character of the building), or to rely on the high cost exemption, meaning that if, after spending £3,500, the property still had not reached an EPC rating of E, an exemption could be registered on that basis. But no more.

We have just had government responses to consultations on both EPCs and MEES. Although we do not yet have legislation setting out the details of what will be required (and it may change), the message is clear: any privately let domestic properties will need to have a minimum EPC standard of C (not E, as at present) by 2030. The high cost exemption cap is rising from £3,500 to £10,000, and the rules around listed ('heritage') buildings are being clarified.

In the future, all listed buildings will need EPCs – albeit that the response does recognise that exemptions from MEES regulations may still apply, where, for example, listed building consent for improvements cannot be obtained. The underlying EPC methodology is also changing to the 'home energy model', meaning properties will be scored not just on energy cost, but also on fabric performance, smart readiness and heating system efficiency.

In practice, the new model is likely to favour electrically heated homes with heat pumps or renewable energy, over oil- or gas-fired heating, but it may also mark up solidly built, older properties which are well-insulated.

The new methodology is due to take over from late 2027, but existing EPCs will remain valid until they expire.

In the light of the proposed changes, owners of potentially non-compliant rural properties would be well-advised to review their residential portfolio now to ascertain which lettings are caught and where work might be needed.

When do MEES regulations apply to rented property?

The first question is whether an EPC is required (if an EPC is not, or not yet, required, MEES cannot apply).

An EPC is required for a property which is 'rented out' after 1 October 2008. New tenancies after that date will be caught, but (according to government guidance) renewals and extensions of existing tenancies are not.

Farmhouses let under tenancies governed by the Agricultural Holdings Act or on Farm Business Tenancies are a grey area – see our previous article 'EPCs and MEES: a farmhouse-shaped hole in the law'.

Where an EPC is required, MEES will only apply where the property is let on a 'relevant domestic tenancy' type. These include assured tenancies (under the RRA), Rent Act and Rent (Agriculture) Act tenancies, and assured agricultural occupancies.

Tenancies falling outside the statutory codes, such as lets to companies and holiday lets, however, are excluded, and MEES will not apply.

Why do the new MEES and EPC rules matter for landlords?

Enforcement of EPCs and MEES to date has been, frankly, lax. The RRA, however, brings not just tenancy reform, but also a new database of privately rented property and an Ombudsman in its wake.

Due in autumn this year, the database is designed to shed light into dark corners so tenants can easily check a property's credentials. We await regulations setting out precisely what information landlords will need to register, but guidance suggests it will include:

• landlord's details;
• property details, such as the number of bedrooms; and
• safety and compliance data, such as gas and electrical safety certificates, as well as EPCs and MEES information.

The database will be publicly accessible, meaning it will be immediately obvious where information is missing or properties are not compliant.

Finally, due in 'late 2026', do not overlook the potential impact of the new Ombudsman. This will give tenants a free, easy and direct means of challenging non-compliant landlords and properties, rather than relying on local authorities. It will give tenants a much more obvious route to challenge sub-standard properties.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2026