Property Management Flashcards
What does MEES stand for?
Minimum Energy Efficiency Standards
What is the aim of MEES?
What is the minimum Standard?
To encourage Landlords & property owners of residential or non-domestic properties to improve their energy efficiency by placing a restriction on creating new or continuing current tenancies.
The minimum standard is an EPC of an E.
Minimum MEES standard for commercial property?
All commercial property should be a minimum E energy efficiency rating from 1st April 2023.
When did MEES come into effect?
1st April 2018 for new residential tenancies
1st April 2020 for all existing residential properties
1st April 2023 for all commercial properties
What are the exemptions for MEES?
If you spend up to £3,500 and cannot improve the energy performance rating to make it compliant (although you must spend £3,500 on the property before registering an exemption). If a property is under 50 sq m, if it does not have a heating/air cooling system (agricultural building). If it a listed building and making the alterations required would mean that the character of the building is unacceptably altered in a way that would detriment its overall appearance. If all improvements have been made and the EPC is still below an E.
What are the property types that MEES applies to?
Domestic tenancies such as assured tenancies (AST’s), regulated tenancies such as Rent Act 1977 or domestic agricultural tenancy under Rent (Agricultural) Act 1976.
Non-domestic private rented properties are defined as buildings let under a qualifying tenancy (terms of less than six months and more than 99 years are excluded) and which are not a dwelling.
Does MEES apply to listed buildings?
Not automatically exempt - where the changes would unacceptably alter their character or appearance (e.g new windows/doors) there is no need for an EPC. If changes are able to be made without unacceptably altering then this should be done.
Safe position is to commission a draft EPC to prove that what is required cannot be done.
Does MEES apply to Farmhouses?
Where let as part of an agricultural tenancy e.g FBT/AHA after October 2008 they would require an EPC.
However, Farmhouses are not specifically mentioned within the regulations. Cannot be named domestic as incorrect tenancy type nor non-domestic as a farmhouse is a dwelling so is unclear.
Safe position is to commission a draft EPC.
What are the Exemptions to MEES?
If you spend up to £3,500 and cannot improve the energy performance rating to make it compliant (although you must spend £3,500 on the property before registering an exemption). If a property is under 50 sq m, if it does not have a heating/air cooling system (agricultural building). If it a listed building and making the alterations required would mean that the character of the building is unacceptably altered in a way that would detriment its overall appearance. If all improvements have been made and the EPC is still below an E.
How long does the MEES exemption last?
5 years
Examples of how to improve EPC?
- internal/external wall insulation
- floor insulation
- double glazed windows
How is MEES regulated?
Regulated by the Local Authority. If it is believed a Landlord is in breach a Compliance Notice will be served, which can be done up to 12 months after breach has taken place.
Maximum fine for non-compliance relating to MEES?
£5,000 per property, which can be served up to 18 months after breach is confirmed.
What legislation governs EPC’s?
Energy Performance of Buildings Regulations 2012
Who are the regulatory bodies for gas safety, electrical safety, oil boilers and EPCs?
Gas – Gas Safe Register, HSE
Electrical – NICEIC
Oil Boilers – OFTEC
EPC – Trading Standards
MEES – Local Authority
What did the Health and Safety at Work Act 1974 introduce?
This Act established the HSE to police health and safety and for any breaches to be considered a criminal offence under it. It set duties for employers to their employees in the workplace, confirming that employers must have safe systems at work, training and supervision.
What did the Gas Safety (Installation and Use) Regulations 1998 introduce?
Introduced the rule that gas appliances should be checked every 12 months by a Gas Safe Register approved installer. Tenants are to be provided with a copy of the gas safety certificate no more than 28 days after the check and they are to be told if any of the equipment is dangerous by the installer and landlord, as the landlord owes a duty of care to their occupiers. Contravention of this is a criminal offence. HSE have responsibility to enforce these regulations and can serve an Improvement Notice on the landlord or Prohibition Notice on the tenants, ensuring that the tenants do not use the appliance until remedial work has been carried out.
What are the compulsory safety checks for a property?
Gas safety check, asbestos management, electrical safety checks (5 yearly), carbon monoxide and smoke alarm testing, EPC, boiler servicing and legionella disease tests.
What are landlord’s requirements for legionnaires disease?
Legionnaire’s disease is a pneumonia type illness caused by the legionella bacteria, infection is caused when water droplets from a contaminated water source are inhaled. Under the Control of Substances Hazardous to Human Health Regulations 2002, landlords must flush out the system prior to letting the property and not allow water to stagnate in the system, which requires careful management of vacant properties. We operate a flushing regime for vacant properties and there is a clause in the tenancy agreement for tenants to ensure that water does not stagnate during the tenancy. The water system can also be tested by a plumber for legionella bacteria.
What is the Housing Health and Safety Rating System?
This is a rating system used by Local Authorities (brought in under Homes (Fitness for Human Habitation) Act 2018) to assess the hazards in a property, categorised into immediate risk and less serious risk. There are 29 different hazards set out that the property is rated against, to include damp, asbestos, crowding and space, falls, lighting, noise, electrical hazards, fire, water supply, sanitation and entrapment.
What are the requirements for smoke alarms and carbon monoxide alarms in residential property and their corresponding legislation?
Carbon monoxide alarms should be placed in every room where there is a fixed combustion appliance approximately 1 metre away at head height. Smoke alarms should be placed on every storey of the living accommodation.
What legislation governs smoke & carbon monoxide alarms?
the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
What is a risk assessment?
A risk assessment will describe the activity being undertaken, identify any hazards, outline control measures and name who is at risk.
What is a method statement?
A method statement will describe the activity and measures in place to reduce risk, to include information on supervision, training, emergency procedures, welfare, first aid, PPE requirements, working at height rules, legislation and training.
How often must you get a new EPC done?
- Every 10 years
- Sell the property
- Extension to the property
When is an EPC not required?
- under 50sqm
- Places of worship
- temporary buildings
Advantages of an Air Source Heat Pump?
- Environmentally friendly
-Sustainable - Grants are available
- Minimal noise
Disadvantages of an Air Source Heat Pump?
- expensive
- high electricity cost
- Requires a certain type to be effective i.e insulation, small rooms, large radiators
What does COSHH stand for?
Control of Substances Hazardous to Human Health Regulations 2002.
What does RIDDOR stand for?
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
What is outlined in Section 11 of the Landlord and Tenant Act 1985?
Section 11 covers the basic obligations of the landlord to carry out repairs to the structure and exterior of the dwelling and keep in repair and proper working order the installations in the house, such as electricity, gas, water, space heating and water heating.
What is outlined in Section 10 of the Landlord and Tenant Act 1985?
Section 10 covers fitness for human habitation, such as freedom from damp, repair, stability, natural light, ventilation, drainage and water supply.
What factors impact a landlord and tenant relationship?
Market conditions, supply and demand, industry, behaviour
What are the different levels for listed buildings?
Grade 1 – of exceptional interest
Grade 2* - of more than special interest
Grade 2 – of special interest
What would you do when a tenant falls into arrears?
In the first instance, I would contact them to set up a repayment plan to collect the arrears. If they fall behind with this, serving a Section 8 notice (breach of tenancy) would allow the landlord to collect rent arrears at a court hearing.
