Section 21 was abolished on 1 May 2026. With it, landlords lost the one possession route that quietly doubled as an EPC compliance tool. If your tenant refuses energy efficiency works, if your property cannot be upgraded without vacant possession, or if your plan depended on serving notice and doing the work in the void, your options are now materially different.
This is not about tenancy mechanics. It is about what the no-fault eviction ban means for your EPC strategy, and what you can do instead.
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. That route is closed.
Property needs vacant possession for works. 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.
Disposal of a sub-standard property. 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 closed at midnight on 30 April 2026.
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.
Two things changed fundamentally:
The exemption trap became permanent. Previously, when a tenant refused works and you registered the consent exemption, the S21 backstop meant you could eventually recover possession and upgrade when the tenancy ended. You can no longer rely on S21 as an exit. The exemption no longer acts as a temporary bridge to a void period upgrade. It is 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. Landlords who need vacant possession to upgrade an EPC rating have no statutory mechanism to obtain it other than genuinely selling the property via Ground 1A.
Timeline: Key Dates for EPC and Section 21
| Date | What Happened |
|---|---|
| 1 April 2020 | Band E minimum applied to all existing tenancies under MEES |
| 30 April 2026 | Last day a valid S21 notice could be served |
| 1 May 2026 | S21 abolished. All possession via Section 8 only. All ASTs converted to periodic. |
| 31 May 2026 | Deadline for serving the official RRA Information Sheet on existing tenants |
| 31 July 2026 | Deadline passed for filing court proceedings on pre-1 May S21 notices |
| 1 October 2030 | Proposed start date for an EPC C minimum. Not law: it needs primary legislation and a statutory instrument |
What Landlords Should Do Now
Work through this in priority order.
Step 1: Check Your EPC Rating Today
If your property is rated F or G and you have no registered exemption, you are already in breach of MEES. You cannot lawfully continue to let it. Commission a new EPC assessment and begin qualifying improvements immediately. Bands D and E are lawful to let today. Our guide to the proposed 2030 band C standard covers what would change if it is legislated.
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 route is gone and there is no replacement for works. Your realistic options are negotiated access, sequencing the work around the tenancy, or a genuine sale under Ground 1A. Take specialist landlord legal advice before relying on any possession ground.
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. Be straight about why: if the property is below band E you have a legal problem now, and if it is D or E you are working ahead of a standard government has proposed for 2030. Tenants also benefit directly from lower bills, which is usually the more persuasive point. 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
Local councils have had MEES enforcement powers since the regulations came into force, and they can require you to produce documents. Confirm your EPC is within its 10-year validity window, that it was served on your current tenant, and that you hold a copy. If your EPC has expired, commission a replacement assessment. Do not wait for a tenancy event to trigger this.
Step 6: Start Planning for Band C
Band C is a proposal for October 2030, not a duty you hold today, but it is still worth planning against because grant funding and installer capacity are available now and may not be later. 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, so your plan has to be designed for execution within the tenancy. Start 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 use a Section 21 notice?
No. No new S21 notice can be served, and the transitional window for notices served before 1 May 2026 required a court claim to be filed by 31 July 2026. If proceedings were issued in time, that case continues to judgment. Otherwise, Section 8 is the only 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.
Did 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 have a problem?
Not under the rules in force. Band E is the minimum to let and has been since 1 April 2020, so both D and E are lawful. Band C from October 2030 is a proposal that still needs primary legislation and a statutory instrument. What changed with S21 abolition is your possession strategy, not your compliance status.
What is the penalty for letting a property below the minimum standard?
Up to £5,000 in total per property, across all breaches combined, under regulation 40 of the 2015 Regulations. That is a total, not a per-breach figure that stacks. The proposed reforms would raise the maximum to £30,000, but that has not been legislated. S21 abolition does not change the penalty; it removes one practical route to achieving compliance. See our full guide to EPC fines and non-compliance penalties.
For landlords carrying EPC problems, the possession options narrowed permanently on 1 May 2026. What is left is assessment, tenant engagement, exemption registration where it genuinely applies, and upgrade planning that works around a sitting tenant.
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.