Penalty Structure
MEES penalties are civil — not criminal — but they are substantial and publicly recorded. Under the proposed 2028 framework:
Current rules (pre-2028): letting below Band E
Current lawFor domestic properties let below EPC Band E. Applies from April 2018 onwards. Current enforcement level.
Proposed 2028+: letting below Band C
Proposed 2028Per property, per breach. Proposed under the new MEES framework aligned with the Renters' Rights Act. Subject to parliamentary confirmation.
Failure to register exemption
Current lawLandlords claiming an exemption must register it on the PRS Exemptions Register. Failure to register — even if a valid exemption exists — is itself a breach.
False exemption claim
Current lawProviding false or misleading information when registering an exemption. This is treated as a separate, additional offence.
Important: The £30,000 penalty is a government proposal (Feb 2026). Current law sets the maximum at £5,000 for domestic PRS. Legislation confirming the higher penalties is expected in 2026. Even at £5,000, the reputational and operational impact of enforcement action is significant.
Enforcement Timeline
Real Examples & Scenarios
How MEES penalties play out in practice for different landlord situations:
Scenario A: Small landlord, missed the deadline
High riskA landlord with 2 properties (a Band D flat and a Band E terraced house) hasn't upgraded either by April 2028. Both have sitting tenants on rolling contracts.
Both properties are now in breach of MEES. The local authority issues compliance notices. The landlord faces up to £30,000 per property — £60,000 total. The properties cannot be legally re-let until compliant.
Act on both properties now. The terraced house is easier — cavity wall insulation and loft top-up may be sufficient. The flat may need a new assessment.
Scenario B: New tenancy, no EPC in place
High riskA landlord's tenant gives notice and leaves in March 2029. The landlord wants to re-let but hasn't obtained a new EPC since the 2028 deadline passed.
Re-letting without a valid EPC Band C certificate is a MEES breach from the moment a new tenancy begins. Penalty: up to £30,000. The tenancy agreement may also be unenforceable, complicating rent recovery.
Before any re-letting after April 2028, ensure you have a valid EPC confirming Band C. Get the EPC commissioned at least 4–6 weeks before planned re-letting.
Scenario C: Exemption registered incorrectly
Medium riskA landlord registers a 'cost cap' exemption (improvements would exceed £10,000) but hasn't actually obtained quotes, and hasn't claimed available grants first.
The local authority finds the exemption invalid — grant funding (ECO4) was available but not pursued. The landlord faces a £5,000 penalty for the false exemption claim, plus enforcement to comply.
Exemptions require good-faith evidence. You must demonstrably pursue all available grant funding before claiming the cost cap exemption.
Scenario D: Near-miss with cheap fixes
AvoidedA landlord with a Band D (67 SAP) property needs to reach Band C (69 SAP). The gap is just 2 SAP points.
Smart heating controls (£300) and LED lighting (£150) raise the SAP score to 71. New EPC confirms Band C. Total cost: £450. Landlord is compliant.
Properties close to Band C can often cross the threshold cheaply. Always get a proper assessment — you may be closer than you think.
What to Do Now
Frequently Asked Questions
Is the £30,000 fine confirmed in law?
Not yet (as of early 2026). The £30,000 penalty is a government proposal, expected to be legislated as part of the new MEES framework aligned with the Renters' Rights Act. The current maximum for domestic properties is £5,000. Legislation is expected in 2026. Monitor GOV.UK for confirmation.
Who enforces MEES — the government or councils?
Local authorities (councils) are responsible for enforcing MEES in their areas. They can issue Compliance Notices, which require landlords to provide evidence of compliance or a valid exemption within a set timeframe. Failure to respond or comply can result in civil penalty charges.
Can a tenant report me?
Yes. Tenants can contact their local council's private rented sector team to report a property they believe is non-compliant. The EPC Register is publicly searchable — any tenant can check their property's rating. This makes non-compliance increasingly difficult to hide.
What happens if I can't afford the improvements?
Pursue all available grant funding first (ECO4, GBIS, BUS — see our grants guide). If the cost of improvements would genuinely exceed £10,000 after grants, you may be eligible for a 'high cost' exemption. Register this on the PRS Exemptions Register with supporting evidence (quotes from two installers).
Do penalties apply to HMOs?
Yes. HMOs are subject to the same MEES requirements and penalties as standard private rentals. HMO licensing and MEES compliance are separate obligations, but both must be met.