A tenant's actions could put the landlord in breach of the prohibition, which comes in on 1 April 2023 for non-domestic properties (1 April 2020 for domestic properties), on continuing to let a property with an EPC rating of below E.
However, restricting a tenant's right to carry out alterations may not be the answer. That could have an adverse impact on rent review. The lease will need to be viewed in the round.
View our diagram for details of possible consequences of limiting a tenant's right to carry out alterations.
TLT has a dedicated hot topic page on MEES. We can advise you on the MEES Regulations in relation to both the terms of existing leases and the drafting of new leases.
Contributor: Alexandra Holsgrove Jones
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at February 2018. Specific advice should be sought for specific cases. For more information see our terms & condition