UK MEES Domestic Solar and Tenant Request Regulations: A Guide

Key Takeaways

• Domestic landlords cannot let sub-standard properties unless valid exemptions are registered.
• Tenants can submit formal requests for energy efficiency improvements, including solar PV.
• The local authority is the enforcement body for domestic MEES regulations.
• Specific regulations govern the process for tenant consent requests and landlord exemptions.

What are the UK MEES Domestic Regulations for Solar PV?

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (S.I. 2015 No. 962) establish minimum energy efficiency standards for domestic private rented properties. These regulations, specifically Parts 2 and 3, govern how tenants can request energy efficiency improvements and prohibit landlords from letting properties that do not meet these standards.

The core principle is the "Prohibition on letting of sub-standard property 23." This means landlords cannot rent out properties with an Energy Performance Certificate (EPC) rating below a specified minimum, unless a valid exemption is registered. Solar PV installations are considered relevant energy efficiency improvements that can help a property meet these standards.

Can a Tenant Request Solar PV Installation?

Yes, a tenant can formally request their landlord to make energy efficiency improvements, including the installation of solar PV. Regulation 8 of S.I. 2015 No. 962 outlines the process for a "Request for consent to relevant energy efficiency improvements 8."

A tenant initiates this process by "requesting the landlord’s consent to the making of one or more relevant energy efficiency improvements to the domestic PR property." The regulations also specify "Circumstances in which a request for consent to relevant energy efficiency improvements may not be made 9." These circumstances define when a landlord is not obligated to consider such a request.

What Defines a "Sub-Standard Property" Under Domestic MEES?

Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, a "sub-standard property" is one that fails to meet the minimum energy efficiency standard. This standard is primarily assessed through the property's Energy Performance Certificate (EPC) rating.

The regulations enforce a "Prohibition on letting of sub-standard property 23." This means landlords cannot grant a new tenancy or continue an existing one if the property's EPC rating is below the minimum required standard, unless a valid exemption applies and is registered. To improve a property's rating, landlords must undertake "Relevant energy efficiency improvements 24." These improvements can include measures like insulation, heating upgrades, or the installation of renewable energy systems such as solar PV.

What Exemptions Exist for Landlords?

Landlords may be exempt from the requirement to meet the minimum energy efficiency standard under specific conditions. These exemptions must be registered on the PRS Exemptions Register.

One common exemption is the "Consent exemption 31." This applies when a landlord requires third-party consent to make an improvement, but that consent cannot be obtained. For example, the "Superior Landlord Consent Rule" applies if a landlord consents to improvements specified in a tenant’s request, but these improvements cannot be made without the consent of a superior landlord, and that consent is refused or given with unreasonable conditions.

Another exemption applies if the landlord "has made all the relevant energy efficiency improvements for the property, or (b) there are no relevant energy efficiency improvements that can be made to the property." This covers situations where all feasible and cost-effective improvements have already been implemented.

For information on commercial property regulations, you can consult our guide on UK MEES Commercial Solar PV and EPC Compliance.

How are Domestic MEES Regulations Enforced?

The enforcement of domestic MEES regulations falls under the purview of local authorities. Regulation 34 of S.I. 2015 No. 962 states that the "enforcement authority in relation to a domestic PR property, means a local authority;".

Local authorities are responsible for ensuring landlords comply with the minimum energy efficiency standards. This includes checking EPC ratings, investigating complaints, and verifying that any claimed exemptions are valid and registered on the "PRS Exemptions Register 36." Non-compliance can lead to penalties issued by the local authority.

Navigating Energy Efficiency Improvements for Your Property

Understanding the UK MEES domestic regulations is crucial for both landlords and tenants considering solar PV. For landlords, compliance ensures the legality of their tenancies and can enhance property value. For tenants, these regulations provide a mechanism to request improvements that can reduce energy bills and improve living conditions.

When considering solar PV, it is also important to understand broader planning rules. Our guide on UK Domestic Solar Permitted Development (GPDO Class A) provides details on when planning permission is not required. Furthermore, any electricity generated and exported to the grid may be eligible for payments under the Smart Export Guarantee. You can find more information in our UK Smart Export Guarantee (SEG) Order 2019 Guide.