Rare Action in PRS Enforcement

Background

Since April 2020, landlords in England and Wales have been prohibited from letting out properties with an Energy Performance Certificate (EPC) rating below E, unless they qualify for an exemption.

• Typical exemption: If improvements required to meet the minimum standard exceed £3,500 (incl. VAT) — a cap on landlord investment.

• Despite the regulation, few local authorities have actively enforced these rules.

Tewkesbury Council Acts

• Liberal Democrat-led Tewkesbury Council has issued fines totalling £4,500 against a landlord for renting out F- or G-rated properties.

• The council’s Environmental Health Team regularly checks compliance.

• Cllr Alex Hegenbarth stated:

  “Low energy efficiency properties make it harder for tenants to afford heating and can be linked to health issues… We want to make sure landlords are complying or claiming valid exemptions.”

• Tenants are encouraged to report substandard homes via the Environmental Health Team.

Current Penalties

Under current MEES (Minimum Energy Efficiency Standards) rules, councils can:

• Fine landlords up to £5,000 per property

• Penalise for:

  • Non-compliance for 3+ months

  • False or misleading information on the exemptions register

  • Ignoring compliance notices

What’s Coming?

Although detail remains unclear, Labour ministers are reportedly still committed to tightening EPC standards in the private rented sector:

• By 2028: New tenancies may need an EPC rating of C or higher

• By 2030: All rental properties expected to meet the C-rating threshold

• Fines could rise significantly — up to £30,000 per property

Takeaway for Landlords

• Enforcement is real – even if rare, councils do have the powers and are beginning to act

• Landlords should:

  • Audit EPCs on all let properties

  • Make improvements now, before costs rise or funding options diminish

  • Check for eligibility and properly register any exemptions

  • Monitor potential policy shifts under the current government