Consumer Scotland, the statutory consumer body for Scotland, has published its response to the Scottish Government's consultation on Private Rented Sector (PRS) Minimum Energy Efficiency Standard (MEES) regulations. The response, authored by Rebecca Smyth, was first published on 2 September 20251.
The consultation proposes that PRS properties meet EPC band C, with the standard applying to properties let to new tenants from 2028 and a backstop date of 2033 for all PRS homes1. Consumer Scotland said it is "broadly supportive" of the proposals, which it said can help reduce tenants' energy bills in a tenure where fuel poverty rates are relatively high1.
The response sets out the scale of the gap in the PRS. In 2023, 56% of Scottish homes achieved an EPC rating of band C or above, up from 52% in 2022. However, 48% of PRS properties are rated band D or lower, and 14% fall within bands E, F or G, compared with 5% in the social rented sector and 11% in the owner-occupied sector. Consumer Scotland links this to fuel poverty, which affects 44% of PRS households1.
On the 2033 backstop, Consumer Scotland said the date "falls in line with Scotland's science-based Net Zero target and provides the sector with certainty for long term, planning and investment"1. It also welcomed implementation from 2028, provided that financial support and clear guidance are available ahead of the regulatory changes1.
"The risk is that this potential benefit for consumers is offset by a combination of higher rental costs or reduced supply of properties to rent."
The response also addresses exemptions. Consumer Scotland said it agrees that crofters, small landholders and agricultural holdings should be excluded, but that the exemption should be revisited periodically as technology develops1. On short-term holiday lets, it said it is currently unable to take a view until more data is provided, including how the Scottish Government intends to define them and whether the proposed figure of 300,000 PRS properties includes those currently categorised as short-term holiday lets. It cited ONS data estimating 64,000 listings across three major platforms in Scotland as of December 20231.
On the proposed £10,000 cost cap, Consumer Scotland said it is unable to comment on its impact based on the information provided, noting that analysis shows the average cost of improvements could be around £1,400 to £2,700 but does not confirm the standard deviation or how averages are affected by region1. It said it is broadly supportive of the proposed 12-month lead-in period for works to count toward the cost cap1.
Why it matters for households
For tenants in the PRS, the proposed standard is aimed at the tenure with the highest fuel poverty rate in Scotland, where 44% of households are affected and 14% of properties sit in bands E, F or G1. A higher EPC rating generally indicates a home that is cheaper to heat and easier to keep at a comfortable temperature, which bears directly on a household's energy independence.
Consumer Scotland's response also flags the trade-offs. It said the potential benefit for consumers could be offset by higher rental costs or reduced supply of properties to rent, and that landlords should be appropriately supported to meet the standards, including through advice and information, with mitigations and exemptions in place1. For households, the practical effect of the regulations will depend on how those risks are managed alongside the standard itself.
What happens next
The consultation response was published on 2 September 20251. The regulations are proposed to apply to properties let to new tenants from 2028, with a backstop date of 2033 for all PRS homes1. Consumer Scotland said it would welcome further engagement on short-term holiday lets once clarification is provided, and on the development of the cost cap exemption1.