Section 21 abolition lands in 35 days. From 1 May 2026, landlords lose the one possession route that quietly doubled as an EPC compliance tool. If your tenant refuses energy efficiency works, if your property cannot reach Band C without vacant possession, or if your exit plan depended on serving notice and upgrading in the void, your options after 1 May are materially different.
This is not about tenancy mechanics. It's about what the no-fault eviction ban means for your EPC strategy, and what you can still do before the window closes.
For the full Renters' Rights Act and EPC overview, see our Renters' Rights Act EPC guide.
Why Section 21 Mattered for EPC Compliance
Under the old regime, Section 21 was a practical backstop for landlords with EPC problems. Three situations made it relevant:
Tenant refuses EPC improvement works. Under MEES Regulations, a landlord whose tenant refuses access for qualifying improvements can register a third-party consent exemption. That exemption protects you legally while it is valid. But it does not fix the property. The hidden exit route was always: wait for the tenancy to end, or serve S21 and upgrade in the void period. From 1 May, that route closes.
Property needs vacant possession to reach compliance. Some improvement works, particularly external wall insulation on terraced properties, scaffold-intensive loft conversions, or whole-house retrofit projects, are practically impossible with a sitting tenant. Vacant possession via S21 was how landlords managed this. That route closes on 1 May.
Non-compliant property disposal. S21 gave landlords with F or G-rated properties a mechanism to recover possession, end the tenancy, and then either upgrade or sell without tenant obstruction.
All three close on 30 April 2026 at midnight.
What Happens to the Tenant Consent Exemption After 1 May
The MEES tenant consent exemption under Regulation 31(1) of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 remains available after S21 abolition. A tenant refusing EPC works can still be managed via this exemption. A validly registered exemption is a complete defence to local authority enforcement for the period it applies.
However, two things change fundamentally:
The exemption trap becomes permanent. Currently, when a tenant refuses works and you register the consent exemption, the S21 backstop means you can eventually recover possession and upgrade when the tenancy ends. From 1 May, you cannot rely on S21 as an exit. The exemption no longer acts as a temporary bridge to a void period upgrade. It becomes an indefinite position that lasts as long as the refusing tenant is in residence.
The exemption expires the moment the tenant leaves. The gov.uk PRS Exemptions guidance confirms that the tenant consent exemption is not a standard five-year exemption. It is valid only for the duration of that specific tenancy. The moment your tenant vacates, voluntarily or otherwise, the exemption expires immediately, and you must either upgrade before re-letting or identify a different applicable exemption. Under periodic tenancy, a tenant can remain on rolling monthly terms for years. Your non-compliant EPC is locked in for the duration.
For the complete documentation guide and registration steps, see our article on what to do when your tenant refuses EPC works.
To understand how EPC exemptions work more broadly, and what the Renters' Rights Act changes for your existing exemption, see our RRA EPC exemptions landlord guide.
The New Section 8 Grounds: Is There Anything for EPC Works?
With S21 abolished, recovering possession requires a Section 8 ground. The Renters' Rights Act 2025 updated and expanded the Section 8 grounds substantially. The question landlords are asking: is there a ground that allows possession specifically for EPC compliance purposes?
The short answer is no.
Ground 1A: Landlord Intends to Sell
Ground 1A is a new mandatory ground introduced by the Renters' Rights Act. It allows a landlord to recover possession where they genuinely intend to sell the property. The notice period is four months.
This ground is for a genuine sale, not for improvement works. If your plan is to upgrade the EPC rating, not to sell, Ground 1A is not available to you. Misusing it to obtain vacant possession for works purposes would constitute an abuse of the ground and exposes landlords to civil penalties and potential rent repayment orders. This is not a viable route for EPC compliance purposes.
Ground 6: Substantial Works or Reconstruction
Ground 6, as amended by the Renters' Rights Act, allows possession where the landlord intends to demolish or substantially reconstruct the property, or carry out works that cannot reasonably be done with the tenant in occupation.
The key word is "substantially." Minor or moderate EPC improvements, fitting loft insulation, cavity wall fill, a new heat pump, or external wall insulation panels, do not typically constitute substantial reconstruction. Ground 6 is designed for major structural or development works. Attempting to use it for routine EPC improvement works is likely to fail in court, and courts can award compensation to tenants where possession grounds are wrongly relied upon.
If your property requires genuinely substantial structural retrofit, Ground 6 may be worth exploring with a specialist landlord solicitor. But this is not a general-purpose EPC compliance tool.
The Practical Reality: No EPC-Specific Possession Ground
The Renters' Rights Act creates no specific Section 8 ground for EPC compliance works. This gap was raised by the National Residential Landlords Association during the Bill's passage through Parliament. It was not addressed in the final legislation. From 1 May 2026, landlords who need vacant possession to upgrade their EPC rating have no statutory mechanism to obtain it other than selling the property via Ground 1A.
Timeline: Key Dates for EPC and Section 21
| Date | What Happens |
|---|---|
| 30 April 2026 | Last day to serve a valid S21 notice |
| 1 May 2026 | S21 abolished. All possession via Section 8 only. All ASTs convert to periodic. |
| 31 May 2026 | Deadline to serve the official RRA Information Sheet to all existing tenants |
| 31 July 2026 | S21 notices served before 1 May but not yet subject to court proceedings become invalid |
| 1 October 2028 | EPC C required for all new tenancies (subject to final regulations) |
| 1 October 2030 | EPC C required for all existing tenancies |
What Landlords Should Do Before 1 May 2026
The window is short. Work through this in priority order.
Step 1: Check Your EPC Rating Today
If your property is currently rated F or G, you are already in breach of MEES. You cannot lawfully continue to let it. Commission a new EPC assessment and begin qualifying improvements immediately. The EPC C 2030 deadline guide covers the full compliance roadmap.
Use our postcode EPC lookup tool to find your current registered rating.
Step 2: Assess Whether You Need Vacant Possession
Some improvement works can be done with a tenant in residence. Others cannot, or are significantly harder, more expensive, or more disruptive. For scaffold-heavy external works, major internal reconfigurations, or whole-house retrofit projects, vacant possession is preferable.
If you need vacant possession and have a long-term sitting tenant, the S21 window closes on 30 April. Whether serving S21 in the remaining time is appropriate depends on your specific circumstances: the type of tenancy, the relationship with your tenant, and the scale of works required. Take specialist landlord legal advice before serving notice.
Step 3: Engage Your Tenant Directly on EPC Works
Many landlords assume a refusal and skip this step. Approach your tenant with specifics: what works are planned, which contractors are involved, what the timeline looks like, and what disruption to expect. Explain that the EPC deadline is a legal requirement, not a landlord preference. Tenants who understand the legal context often cooperate. Cooperation avoids the consent exemption trap entirely and gets the works done while your tenant is in residence.
Step 4: Register the Consent Exemption If Works Are Refused
If your tenant has refused or is refusing EPC improvement works, do not wait. Register the consent exemption on the PRS Exemptions Register now. The exemption applies from the date of registration, not retroactively. Full documentation requirements and registration steps are set out in our MEES exemption register guide.
Step 5: Confirm Your EPC Is Valid and Filed
Council investigatory powers are active now. Confirm your EPC is within its 10-year validity window, that it was served to your current tenant, and that you hold a copy. If your EPC has expired, commission a replacement assessment immediately. Do not wait for a tenancy event to trigger this.
Step 6: Start Planning for Band C by 2030
Under periodic tenancy, there are no natural tenancy breaks to build upgrade timelines around. A tenant can remain on rolling monthly terms for years without a void period. Your upgrade plan has to be designed for execution within the tenancy. Start now with a retrofit assessment, a cost estimate, and a check on available grants. The ECO4 scheme closes December 2026. If your property qualifies for grant funding, this is the year to use it.
Frequently Asked Questions
Can I still serve a Section 21 notice before 1 May 2026?
Yes. S21 notices served lawfully by 30 April 2026 remain valid. You can serve a notice now and rely on it after 1 May provided court proceedings are issued within the required timeframe. However, county court possession lists are lengthy, and delays may erode the effectiveness of a late S21. Take legal advice promptly if you are considering this route.
There is no Section 8 ground for EPC works. Does that mean I am stuck?
You have options, but they are limited. The consent exemption protects you legally while the refusing tenant is in occupation. If the property cannot be upgraded with a sitting tenant and you do not intend to sell, you may be in an extended holding position until the tenant voluntarily vacates. Negotiated access, perhaps with an incentive such as a rent freeze or improvement undertaking, remains an option. Specialist legal advice is essential in this situation.
Does the AST conversion to periodic tenancy on 1 May affect my EPC obligation?
No. The statutory conversion of ASTs to Assured Periodic Tenancies is not treated as a new letting under MEES. Existing EPC obligations, exemptions, and compliance status continue unchanged. See the Renters' Rights Act EPC action plan for the full checklist.
My property is Band D or E. Do I need to act before 1 May?
EPC E is the current minimum standard. Band D is compliant now and until 1 October 2030. The urgency before 1 May relates to your possession strategy and upgrade planning, not your current compliance status. If you are currently compliant and can upgrade with a sitting tenant, the S21 window may not be relevant to you. If you need vacant possession to upgrade, the timing matters.
What is the penalty for letting a non-compliant property?
The MEES penalty is up to £5,000 per property. S21 abolition does not increase this directly, but it removes one practical route to achieving compliance. Council enforcement powers have been active since December 2025. The risk of enforcement action is now higher than in prior years. See our full guide to EPC fines and non-compliance penalties.
The next 35 days are material for landlords carrying EPC problems. After 1 May, your options narrow significantly. Act now on assessment, tenant engagement, exemption registration, and upgrade planning.
Ready to check where your properties stand? Look up your current EPC rating or use our exemption checker tool to see which MEES exemption applies to your situation.
Sources: Housing Act 1988, as amended by the Renters' Rights Act 2025 | Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Regulations 31(1) and 36(2) | gov.uk PRS Exemptions Guidance (May 2025) | gov.uk Domestic Private Rented Property MEES Landlord Guidance
This article provides general guidance only and does not constitute legal advice. Seek specialist landlord legal advice for your specific circumstances, particularly regarding possession strategy.