THE MEES REGULATIONS – COMMERCIAL PROPERTY DISPUTES FOR THE 2020s
The MEES Regulations were introduced in April 2018 to improve the energy efficiency of the country’s leasehold property stock. Designed so or not, this has given rise to an unexpected array of negotiation strategies available to well-advised tenants who – with the risk of blighting buildings with sub-standard EPCs as their trump card – are taking increasingly aggressive positions against their Landlords on matters such as dilapidations, rent reviews and lease renewals.
With the suggestion live that the UK Government are set to raise the lettable standard to a minimum EPC rating of B by 2030, it is perceived that this is fast becoming one of the driving forces in Landlord/Tenant matters and will dominate property litigation over the next ten years. This session will look at:
- A brief recount of the MEES Regulations
- EPCs – why most cannot be relied upon
- MEES and Acquisitions – the combination of an inaccurate EPC and a highly geared purchase – who is to blame for a default?
- MEES and Renewals – with renewals and lease extensions being captured by MEES, can a Landlord refuse to renew a ’54 Act lease of an ‘unlettable’ property?
- MEES and Dilapidations – if a given property is unable to be let anyway, why would a tenant yield it up in repair?
- MEES and Rent Reviews – if a property’s rental value is to be assessed based on comparables, what is the rental value of a property which is unable to be lawfully let?
- Weaponising EPCs – what are the risks and rewards for a tenant who elects to breach their ‘no EPC’ covenant?
Ben Strange MRICS, Director, Mobius Building Consultancy Ltd