Minimum Energy Efficiency Standards (MEES) Guarantee – Terms & Conditions (Applicable in England & Wales and Scotland) – June 2026
1. Summary of the Guarantee
1.1 When you commission Eco Approach Ltd (the “Company”) to carry out a MEES (or Scottish equivalent) Report, in-home energy assessment, and all recommended improvement works for your residential property, we guarantee that – based on the applicable Energy Performance Certificate (EPC) methodology at the date of our assessment – your property will either achieve the required regulatory standard for a residential let or achieve legal compliance via a valid registered exemption, once the works are completed, subject to these Terms.
1.2 If, after we complete all agreed works, the property fails to reach the target rating or qualify for an exemption due solely to the Company’s default, we will either:
a) Carry out additional remedial works (at our primary option) to achieve compliance;
OR
b) Reimburse you up to the liability cap set out in Clause 11.
1.3 This Guarantee does not cover: changes in certificate methodology, rating scales, Government regulations, or circumstances outside the pre-conditions set out below.
2. What “EPC Rating C” / Regulatory Compliance Means
2.1 The UK Government’s Warm Homes Plan mandates that privately rented properties must achieve an upgraded standard by 1 October 2030. For the purposes of this Guarantee, achieving compliance means:
Prior to 1 October 2029 (Grandparenting): Achieving a single-headline Energy Efficiency Rating (EER) of “C” (score 69 and over) under the current Standard Assessment Procedure (RdSAP). The Government has confirmed this will be treated as fully compliant until the certificate expires.
Post-EPC Reform (Dual-Metric Standard): Achieving the newly defined equivalent standard under the Home Energy Model (HEM), which requires meeting a primary standard (Fabric Performance) and a secondary standard (either Heating System or Smart Readiness).
Scotland: Achieving the equivalent standard (Heat Retention, Heating System, and Energy Cost Ratings) mandated by the Scottish Government at the time of assessment.
3. Definitions
In these Terms:
“Company” means Eco Approach Ltd.
“Client” means the landlord or property owner commissioning the Works.
“Statutory Cost Cap” means the maximum investment required by the Government over a 10-year period to achieve compliance (currently set at £10,000 in England and Wales, factoring in qualifying expenditure from 1 October 2025 onwards).
“Valid Exemption” means a legally recognised exemption under MEES regulations (e.g., reaching the Statutory Cost Cap, the Low-Value Property exemption for properties under £100,000, Third-Party Consent refusal, or Solid Wall Insulation exemption).
“Guarantee” means the Company’s commitment that the Property will achieve the target rating or legal compliance through a Valid Exemption.
“Works” means the energy efficiency improvement works carried out by the Company, as per the quotation or schedule of works.
4. Scope of the Guarantee
4.1 The Guarantee applies only if expressly stated in writing by the Company in the contract documentation.
4.2 The Guarantee is contingent upon the Works being completed in full by the Company with no modification, substitution, or omission by the Client or third parties.
4.3 The Guarantee is strictly deemed fulfilled and discharged if the Property qualifies for a Valid Exemption as a direct result of the Works (e.g., where completing our recommended Works exhausts the Client’s £10,000 Statutory Cost Cap).
4.4 The Guarantee does not extend to:
a) Any rating target higher than the minimum legal requirement;
b) Works items not specified in our agreed schedule;
c) Properties assessed under a methodology not yet legally adopted at the time of our initial assessment.
5. Client Responsibilities
5.1 The Client must:
a) Provide full, accurate records of any previous energy efficiency expenditure on the Property (specifically any qualifying spend since 1 October 2025) so the Company can accurately calculate the remaining Statutory Cost Cap;
b) Allow access to the Property for the initial assessment, the completion of the Works, and any subsequent inspections or remedial works required under this Guarantee;
c) Reasonably cooperate in registering any Valid Exemption on the PRS Exemptions Register (the Company will provide the required evidence);
d) Not alter the Property’s structure, systems, or usage in a way that materially degrades its EPC rating post-completion.
5.2 The Guarantee will be void if, after completion of the Works, the Property is modified, damaged, occupied, or used in a way that materially affects its certificate rating compared to when we assessed it.
6. Limitations and Exclusions
6.1 The Company shall not be liable for a failure to achieve the target rating/compliance where such failure arises from:
a) The Client withholding consent for a recommended measure (though this may generate a Valid Exemption, the Company is not liable for registration fees or associated delays);
b) Inaccurate declarations of prior expenditure by the Client, resulting in a miscalculation of the Statutory Cost Cap;
c) Errors, inaccuracies, or omissions in Government EPC databases or accreditation software;
d) External events beyond the Company’s reasonable control.
6.2 The Guarantee covers only the statutory compliance outcome, not guaranteed energy bill savings, carbon emission reductions, or property valuation increases.
7. Time Limit
7.1 This Guarantee is valid for 12 months from the date of completion of the Works. Claims must be made in writing within this period, after which the Guarantee automatically expires.
8. Force Majeure
8.1 The Company shall not be liable for any delay or failure in meeting the Guarantee caused by events beyond its reasonable control, including but not limited to: extreme weather, supply chain disruption, labour disputes, or certification/accreditation delays.
9. Regulatory or Methodology Changes
9.1 The Company shall not be responsible for any re-assessment or re-certification required solely because of future changes in Government policy, statutory deadlines, or software updates introduced after the date the Works are completed.
9.2 If the Government alters the MEES regulations, delays the 1 October 2030 deadline, or changes the Statutory Cost Cap post-contract, the Company’s obligations shall be assessed strictly against the regulations in force on the date the contract was signed.
9.3 Transitional Methodology (RdSAP to HEM):
a. The UK and Scottish Governments are transitioning the EPC calculation methodology from the Reduced Data Standard Assessment Procedure (RdSAP) to the Home Energy Model (HEM). This transition is currently anticipated for the second half of 2027.
b. If the Company’s initial assessment of the Property is conducted under RdSAP, but the post-works final assessment is legally required to be conducted under HEM, the Company’s Guarantee shall be evaluated strictly on whether the agreed Works would have achieved the target rating had the final assessment been lodged under the original RdSAP methodology.
c. The Company shall bear no liability, and the Guarantee shall not be deemed breached, if the Property fails to achieve the target rating on the final certificate solely due to the algorithmic, metric, or software differences between RdSAP and HEM. In such events, the Company will promptly notify the Client, but no financial reimbursement or additional remedial works will be owed.
9.4 Informed Consent on Methodology Changes: The Company will use reasonable endeavours to notify the Client at the quotation stage of any formally announced, imminent changes to the assessment methodology. By accepting the quotation and instructing the Company to commence the Works, the Client acknowledges these upcoming regulatory changes and accepts that the Company’s Guarantee remains strictly tethered to the methodology in force on the date of the initial assessment.
10. Cancellation and Refunds
10.1 Once the Client has accepted the quotation and the statutory cooling-off period (if applicable) has expired, the Client remains liable for all costs incurred by the Company.
10.2 The Client may not cancel the Works without penalty, nor withhold payment, on the basis of public announcements, media reports, or future regulatory changes regarding EPC methodologies (including the transition to HEM), provided the Company’s Works comply with the legal standards in force on the date the contract was signed.
10.3 If the Client cancels the Works prior to completion, the Company reserves the right to invoice for all labour, materials, and administrative costs reasonably incurred up to the date of cancellation.
11. Liability Cap
11.1 Subject to clause 11.2, the Company’s total aggregate liability to the Client under this Guarantee (whether in contract, tort, or otherwise) shall be strictly limited to the remaining balance of the Client’s Statutory Cost Cap (maximum £10,000, or 10% of property value if valued under £100,000, less any qualifying prior expenditure).
11.2 Nothing limits liability for death or personal injury caused by the Company’s negligence, fraud, or liability which cannot be legally excluded.
12. Remedy
12.1 Where the Property fails to reach compliance solely due to the Company’s default, and provided all pre-conditions have been satisfied, the Company retains the primary right to cure the defect by carrying out reasonable remedial works at its own expense.
12.2 If the Company determines remedial works are unfeasible, it will refund the Client a sum up to the liability cap in clause 11. Once remedial works or payment are completed, the Guarantee is fully discharged and the Company will have no further obligation.
12.3 If the Client unreasonably refuses access, denies the Company its primary right to carry out remedial works, or hires a third party to undertake remedial works without the Company’s prior written consent, this Guarantee shall be immediately voided, and the Company shall have no liability to issue any refund or further remedy.
13. Governing Law and Jurisdiction
13.1 These Terms and any dispute arising out of them shall be governed by the laws of England and Wales or Scotland, depending on the Property’s location, with the respective courts having exclusive jurisdiction.
14. Entire Agreement
14.1 These Terms constitute the entire agreement between the parties in relation to the Guarantee and supersede any earlier written or oral communications relating to the Guarantee.
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