MEES – Commercial Property Disputes for the Decade

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The impact of the ‘MEES Regulations’ has become a sharp reality to commercial property stakeholders, with the realisation that the minimum standard of ‘B’ by 2030 is more than a rumour and the stark impact of the change in EPC assessment in June 2022 leading to many assets becoming non-compliant far earlier than anticipated.  In this talk, we will look at how the MEES Regulations are playing out in reality in the commercial leasehold market and the several and significant sources of potential dispute ahead over the course of the decade as MEES continues to bite harder.

• Lease renewals – does MEES apply?  What impact does the 1954 Act have?
• Tenants works – can a landlord reasonably refuse consent to tenant works if they impact the EPC?
• Service Charge – Can a landlord include EPC improvement works within a service charge claim?
• Rent Review – If a subject property is incapable of lawful letting, can a rental increase be justified?
• Landlord statutory compliance – a tenant’s claim for breach of covenant against the landlord (alienation and elevated utility bills).
• Dilapidations – MEES, supersession and diminution: a feeding frenzy for disputes.

Ben Strange, Director, Mobius Building Consultancy Ltd