As a commercial landlord, are you aware of the potential risks, penalties, and liabilities that come with breaching the MEES Regulations?
From 1 April 2023, it will be unlawful for landlords to continue to let all leases without following the requirements of the minimum energy efficiency standards (MEES) regime.
The first important message is that, even if a lease is granted (or continues to be let) in breach of the regime, that will not invalidate the lease itself. Therefore, the lease can still be enforced in the normal way and will remain valid as between the parties to it.
Also, helpfully, any breach is not a criminal offence, but it can lead to some quite severe civil penalties.
In part three of our six-part MEES series, I explain this further.
Catch up the with other episodes in this series: https://cms.law/en/gbr/publication/six-things-landlords-need-to-know-about-minimum-energy-efficiency-standards-mees