The two penalty tiers
Penalties turn on how long the property has been let in breach, measured at the date the penalty notice is served.
| Duration of breach | Basis | Minimum | Maximum |
|---|---|---|---|
| Less than 3 months | 10% of rateable value | £5,000 | £50,000 |
| 3 months or more | 20% of rateable value | £10,000 | £150,000 |
| Other breaches | Penalty |
|---|---|
| Registering false or misleading information on the Exemptions Register | £5,000 |
| Failing to comply with a compliance notice | £5,000 |
The publication penalty
Alongside the money, the enforcement authority may publish the breach on the PRS Exemptions Register: the landlord, the address, the breach, and the penalty. The register is public and searchable.
For an owner whose counterparties are institutional – lenders, funds, corporate tenants, valuers – this is routinely the more damaging penalty. It is discoverable in due diligence for as long as it stands, and it is the sort of thing that gets found at exactly the wrong moment in a transaction.
How enforcement proceeds
- Compliance notice. Trading standards can require you to produce the EPC, the tenancy documents, and any exemption evidence – going back six years.
- Assessment. They decide whether the property was let in breach and for how long.
- Penalty notice. Financial penalty, publication penalty, or both.
- Review and appeal. You may request a review by the authority, then appeal to the tribunal.
Appealing
Appeals go to the First-tier Tribunal (General Regulatory Chamber) within 28 days. Grounds include that the penalty was based on a factual error, that it was wrong in law, or that it is unreasonable in the circumstances. The penalty is suspended while an appeal is pending.
Know where you stand before someone asks
The MEES risk check tells you which standard applies to your building and whether the certificate on the register supports your position.
Common questions
What is the maximum MEES fine for a commercial property?
£150,000 per property, where the property has been let in breach for three months or more. The calculation is 20% of rateable value, subject to that cap and a £10,000 floor.
Can I be fined more than once for the same building?
Not more than once for the same breach of the same property. But penalties are per property, so a portfolio in breach is exposed on each building separately.
Who issues the penalty?
The local weights and measures authority – local authority trading standards. They can serve a compliance notice first, requiring evidence going back six years.
Can I appeal?
Yes, to the First-tier Tribunal (General Regulatory Chamber), within 28 days of the penalty notice.
Sources
- The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regs 37–45 – legislation.gov.uk
- Non-domestic private rented property: landlord guidance – GOV.UK
Legislation is cited to the version in force at the date below. We publish a corrections policy and amend pages when the law changes.