How MEES is enforced: compliance and penalty notices
Updated 23 October 2026 · SEO Dons Editorial
Who enforces MEES for commercial property?
A local weights and measures authority. The 2015 Regulations define the enforcement authority for non-domestic property in exactly those words and require it to enforce compliance for properties in its area (regulation 34). It is the council where the property sits, not where the landlord is based, so a landlord with units in several areas can deal with several authorities.
The Weights and Measures Act 1985 says which councils these are. In England it is the council of each non-metropolitan county, metropolitan district and London borough, together with the Common Council of the City of London and the Council of the Isles of Scilly. In Wales it is the county or county borough council. The Ministry of Housing, Communities and Local Government's guide to EPCs for non-dwellings describes these authorities as usually acting through their trading standards officers, and an authority can appoint authorised officers to use its powers (regulation 35).
Penalties are public: the government's landlord guidance says members of the public can search the PRS Exemptions Register for details of exempt properties and penalties issued to non-compliant landlords.
What is a compliance notice?
A request for information, not a penalty. An authority may serve one where a landlord appears to be, or at any time in the previous 12 months to have been, in breach of the ban on letting a sub-standard property (one whose valid EPC is below band E), asking for whatever it considers necessary to monitor compliance (regulation 37(1)). Regulation 37(2) says it may ask the landlord to produce:
- the EPC that was valid when the property was let, and any other EPC the landlord holds;
- any current tenancy agreement;
- any qualifying assessment of the property; and
- any other document the authority considers necessary.
The notice can also ask the landlord to register copies on the PRS Exemptions Register. It must name who receives the documents and set a date at least one month after service. The landlord must comply and allow copies to be taken. The authority can vary or revoke the notice and may rely on information it already holds (regulation 37(3) to (6)). Failing to comply is a breach in its own right, with its own maximum penalty.
What must a penalty notice contain?
An authority can serve a penalty notice where it is satisfied that a landlord is, or at any time in the previous 18 months was, in breach of the letting ban or of a compliance notice. It can impose a financial penalty, a publication penalty or both (regulation 38(1)). The notice must:
- say which provision the authority believes was breached and give particulars;
- state any action required to remedy the breach and the period for it;
- state the amount of any financial penalty and, where applicable, how it was calculated;
- say who to pay and how; and
- explain the review, appeal and recovery rules (regulations 42 to 45), including who to write to for a review and by when.
The remedy period and the payment period must each be at least one month from the day of service. Regulation 38(3) sets no such minimum for the review period, so the date on the notice is the one to check first. If the required action is not taken in time, the authority may issue a further penalty notice (regulation 38(4)).
What are the maximum penalties?
Regulation 41 sets ceilings, not tariffs: each financial penalty is "not exceeding" a figure. The tier depends on how long the breach had lasted when the notice was served, and the first two use the rateable value shown on the local non-domestic rating list on that date.
| Breach | Maximum financial penalty | Also |
|---|---|---|
| Letting in breach for less than three months when the notice is served | Up to the greater of £5,000 and 10% of rateable value, and never more than £50,000 | Publication penalty |
| Letting in breach for three months or more when the notice is served | Up to the greater of £10,000 and 20% of rateable value, and never more than £150,000 | Publication penalty |
| False or misleading information on the PRS Exemptions Register, or not complying with a compliance notice | Up to £5,000 | Publication penalty |
These tiers apply to non-domestic lettings only. Regulation 40 sets separate tiers for homes. The MEES penalty calculator turns a rateable value into the maximums for each tier, so the arithmetic is not repeated here.
What does a publication penalty publish?
The authority decides which of four items go on the PRS Exemptions Register: the landlord's name (where the landlord is not an individual), details of the breach, the property address and the amount of any financial penalty. Publication lasts at least 12 months and can be longer. It does not take effect until the review and appeal routes have run their course (regulation 39).
How do review and appeal work?
- Review. The landlord serves notice within the period stated in the penalty notice. The authority considers any representations and all the circumstances, confirms or withdraws the notice, and tells the landlord (regulation 42(1) and (2)).
- Withdrawal. The authority must withdraw the notice if it ceases to be satisfied that the breach happened, is satisfied that the landlord took all reasonable steps and exercised all due diligence to avoid it, or decides that serving the notice was not appropriate (regulation 42(3)).
- Other outcomes. On review it may waive a penalty, allow more time to pay, substitute a lower financial penalty or modify the publication penalty (regulation 42(5)).
- Appeal. If the notice is confirmed after review, the landlord may appeal to the First-tier Tribunal on four grounds: an error of fact, an error of law, a notice that does not comply with the Regulations, or that serving it was inappropriate (regulation 43).
- During an appeal. Appealing suspends the notice taking effect. The Tribunal can quash the notice or affirm it, with or without changes, and a quashed notice means any penalty paid is repaid (regulation 44).
- Recovery. An unpaid financial penalty is recoverable as a debt owed to the authority, but proceedings cannot start until the review period and any appeal period have ended (regulation 45).
How does this differ from the penalty for not having an EPC?
It is a separate duty with a separate penalty. Under the Energy Performance of Buildings Regulations 2012, failing to make an EPC available to a prospective buyer or tenant can bring a fine that gov.uk puts between £500 and £5,000 based on the rateable value, and the same type of authority enforces it. The route differs: gov.uk says a failed review can be followed by an appeal to the county court, with a 28-day limit from receiving the confirmed penalty, whereas MEES penalties go to the First-tier Tribunal. The EPC duty is covered in Can you sell or let commercial property without an EPC?
What should a landlord do on receiving a notice?
- Note the dates. A compliance notice must allow at least a month. The review deadline on a penalty notice is whatever the notice says.
- Gather the documents. Regulation 37(2) lists the EPC valid at the time of letting, any other EPC, the tenancy agreement and any other relevant document, such as records of improvements.
- Check the exemption record. The guidance says an exemption applies from the point it is registered, so the registration date matters.
- Take legal advice. The department behind the guidance says it cannot give legal advice or a definitive interpretation of the law.
To see a portfolio's position before a notice arrives, read MEES audits and reports. The rules and exemptions are on the MEES compliance page, and what an E rating means for letting covers the E band. If a building needs a new EPC, you can send an enquiry through the form on this site.
Sources
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regulations 22, 27, 30, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44 and 45, legislation.gov.uk, checked 22 October 2026.
- Weights and Measures Act 1985, section 69, legislation.gov.uk, checked 22 October 2026.
- Energy Performance of Buildings (England and Wales) Regulations 2012, regulation 34, legislation.gov.uk, checked 22 October 2026.
- Non-domestic private rented property: minimum energy efficiency standard, landlord guidance, Department for Energy Security and Net Zero, updated 5 May 2026, checked 22 October 2026.
- A guide to Energy Performance Certificates for the construction, sale and let of non-dwellings, Ministry of Housing, Communities and Local Government, checked 22 October 2026.
- Energy Performance Certificates for your business premises, GOV.UK, checked 22 October 2026.
Common questions
Can an authority serve a penalty notice without a compliance notice first?
Regulation 38 does not make a compliance notice a precondition. It requires only that the authority is satisfied the landlord is, or within the previous 18 months was, in breach. A compliance notice is a separate way of gathering information.
Does a penalty notice affect the lease?
No. Regulation 30 says a breach of the letting ban does not affect the validity or enforceability of any provision of the tenancy. The consequences fall on the landlord, through the penalties above.
Does a registered exemption stop enforcement?
A valid, registered exemption lets a sub-standard property be let, and the guidance says it applies from the point of registration. It must be evidenced, and registering false or misleading information carries its own maximum penalty under regulation 41.
Do these notices apply in Scotland or Northern Ireland?
The 2015 Regulations apply to England and Wales. Scotland has its own regime for non-domestic buildings, covered in the guide to the section 63 rules.