Well-advised tenants are currently using the MEES Regulations to their advantage against their Landlords in several ways as detailed below; as we enter into the enforcement phase, these uses will become ever more commonplace, e.g.:
– Rent reviews; where landlords’ rent review increases are being successfully resisted by tenants where it can be proven that the subject property would not comply with the MEES Regulations.
– Dilapidations; tenants will argue that their Landlords’ dilapidations claims against them are not valid as the property in question cannot be lawfully let anyway.
– Lease surrenders; where tenants able to evidence that the eventual dilapidations claim will be £0 as above are using this as a tool within surrender negotiations.
– Lease negotiations; incoming tenants depressing rents and forcing increased incentives on ‘sub-standard’ buildings.
– Resisting service charge claims for maintenance or replacement of ill-performing Building Services equipment.
With a firmly evidenced, front-foot approach, tenants are able to use the MEES Regulations to their significant advantage. Enter your details here to identify if you have such an opportunity.