⏱ S21 notices can only be served until 30 April 2026. Considering serving notice before the deadline? See our Section 21 exit strategy for EPC non-compliant properties →
Your tenant won't let the installer in. You have a sub-standard EPC and a compliance deadline ahead of you. Here's what you can do.
You can register a third-party consent exemption on the government's PRS Exemptions Register, continue letting lawfully, and defer the works for as long as that specific tenant remains in the property. Under the MEES regulations, this is a legitimate self-certification route — but it comes with a critical catch that most guidance misses. And from 1 May 2026, the alternative most landlords relied on disappears permanently.
This article provides general guidance only. Landlords should seek specialist landlord legal advice for their specific circumstances, particularly regarding possession strategy and exemption validity.
Why This Problem Gets Much Harder on 1 May 2026
How landlords used to handle it
Before the Renters' Rights Act, a landlord whose tenant refused EPC upgrade works had a practical exit route: serve a Section 21 notice, recover vacant possession, carry out the improvements in the void period, and re-let at the higher EPC rating. Blunt — but it worked.
What changes on 1 May 2026
The Renters' Rights Act abolishes Section 21 for all tenancies from 1 May 2026. After that date, all possession claims must rely on Section 8, using specific statutory grounds. None of those grounds cover "landlord needs vacant possession to carry out energy efficiency works." There is no Section 8 ground that permits possession for EPC compliance purposes.
If your tenant refuses EPC upgrade works from 1 May onwards, you cannot recover possession on those grounds. The consent exemption is now your primary tool. For a full overview of what changes and when, see our Renters' Rights Act EPC action plan.
The MEES Third-Party Consent Exemption Explained
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 anticipate this situation. They provide a specific exemption for landlords who cannot carry out improvement works because a third party withholds consent.
Regulation 31(1) creates the exemption where a recommended improvement requires third-party consent (including from your tenant) and that consent has been refused, or granted subject to conditions the landlord cannot reasonably comply with. Regulation 36(2) covers situations where consent is required under the terms of the tenancy agreement itself.
The exemption covers outright refusal, failure to respond after repeated reasonable requests, and conditional consent where the conditions are unreasonable — for example, a demand to rewire the entire flat in exchange for allowing loft insulation works.
⚠️ The expiry rule that catches landlords out
Every other MEES exemption lasts five years. The tenant consent exemption does not.
According to the gov.uk PRS Exemptions Guidance (updated May 2025), the exemption based on tenant refusal is valid only for as long as that tenant remains the tenant. The moment they leave — voluntarily, or by any other route — the exemption expires immediately.
This is the most consequential nuance in this entire topic. It means:
- You cannot carry the exemption over to a new tenancy
- You cannot re-let on a sub-standard EPC rating after the refusing tenant has gone
- You must complete the works in the void period before any new let begins
Other third-party consent exemptions (freeholder, mortgagee) follow the five-year rule. The tenant-specific one does not.
How to Document Tenant Refusal: Step-by-Step
The exemption is self-certified, but local authorities can investigate and invalidate exemptions that lack proper documentation. Gov.uk PRS Exemptions Guidance specifies exactly what evidence to upload.
Before you start, have ready:
- A valid EPC for the property
- The full property address as it appears on the EPC
- Any prior correspondence with the tenant about the works
1. Put your request in writing
Write to the tenant formally — by email (with read receipt if possible) or recorded post — specifying the measure(s), the installer, the proposed dates, and that the works are required to meet the minimum energy efficiency standard. Keep a copy. The date establishes when consent was first sought.
2. Record the refusal
Written refusal: Save the tenant's reply. This is your primary evidence.
Verbal refusal: Create a signed, contemporaneous file note within 24 hours. Record the date, method, what was said, and that you explained the MEES compliance purpose. If a letting agent handled the conversation, their written record adds further weight.
No response: Send a follow-up after 14–28 days. If still no response, document that. The file should show you made multiple reasonable attempts.
3. Register on the PRS Exemptions Register before your compliance date
Go to prsregister.beis.gov.uk. Select "Third party consent" as the exemption type. Upload:
- Correspondence showing consent was required and sought
- Evidence of refusal (written reply, or your signed verbal refusal file note)
- A copy of your valid EPC
- The full property address
The exemption applies from the date of registration — it is not backdated. If your compliance date has already passed, you are in breach for the gap between that date and your registration. Register as soon as you have documented the refusal.
Registration is free. For a portal walkthrough, see our guide to register a MEES exemption.
4. Keep the documentation file intact
Store your evidence file — correspondence, file notes, EPC, registration confirmation — somewhere accessible. Local authorities can challenge an exemption at any time during its validity. If a letting agent manages the property, ensure they hold a copy too.
Conditional Consent: When Your Tenant Says "Yes, But…"
A distinct scenario — and one competitors rarely address — is conditional consent. Your tenant does not flatly refuse, but attaches conditions you cannot practically meet:
- "You can do the insulation, but only if you rewire the flat first."
- "I'll allow access if you give me six weeks' notice and redecorate every affected room afterwards."
- "I'll agree to the solar panels in exchange for a permanent rent reduction."
Under Regulation 31(1), consent granted subject to conditions the landlord cannot reasonably comply with is treated the same as an outright refusal. You can register the consent exemption on that basis.
Whether a condition is "unreasonable" depends on the circumstances. Requesting adequate notice before works starts is likely reasonable. Demanding a new kitchen as a condition of access is likely not. Document the specific conditions imposed, the reason you consider them unreasonable, and upload this alongside the exemption registration.
What Happens When That Tenant Eventually Leaves
You must complete the works before re-letting
The moment your tenant vacates, the consent exemption expires. You must either carry out sufficient improvements to meet the minimum standard, or identify and register a different applicable exemption, before you re-let. There is no grace period.
The re-letting compliance trap
The typical failure sequence:
- Tenant leaves after two or three years.
- Landlord forgets the exemption was tenant-specific.
- Landlord re-lets quickly to avoid void costs.
- Local authority issues a compliance notice months later.
Under the MEES regulations, penalties reach up to £5,000 per property for a letting in breach (gov.uk MEES landlord guidance). The fine is separate from the obligation to carry out the works, which remains outstanding.
When a tenant covered by a consent exemption gives notice, add "EPC compliance works in void" to your vacancy checklist that day. A void period may also be the best time to access available funding — check whether any EPC grant conditions for landlords apply to your property.
Should You Serve Section 21 Before 30 April 2026?
Serving a valid Section 21 by 30 April 2026 remains lawful. If your property genuinely cannot reach EPC compliance without vacant possession, and you have a tenant on a rolling or expiring tenancy, this window is closing fast.
A valid S21 served by 30 April can still be relied on after the abolition date, provided it was served correctly and possession proceedings are issued within the required timeframe. Whether this is the right course of action depends heavily on your specific circumstances — tenancy type, EPC band, relationship with the tenant, and cost of improvement works. Full analysis is in our Section 21 exit strategy for EPC non-compliant properties. Get legal advice promptly.
Frequently Asked Questions
Does the exemption protect me from a council fine?
Yes. A validly registered consent exemption is a complete defence to enforcement action under MEES for the period it is in force. The exemption must be registered before any enforcement notice is issued; it cannot be backdated to avoid a penalty that has already been issued.
What if my tenant won't put their refusal in writing?
Verbal refusal can be documented through a signed contemporaneous file note (see Step 2). Gov.uk guidance requires evidence that consent was sought and not obtained — it does not require a written document from the tenant. A detailed, signed file note is accepted evidence.
I use a letting agent — who is responsible for registering the exemption?
You are, as landlord. The legal obligation for MEES compliance and exemption registration sits with the property owner. Agents can register on your behalf, but financial penalties fall on the landlord. Confirm in writing with your agent that the exemption has been registered, and obtain a copy of the registration confirmation.
Does the exemption transfer to a new landlord if I sell?
No. The gov.uk PRS Exemptions Guidance confirms that registered exemptions do not transfer on sale. The exemption ceases to be effective from the date of any property transfer. The new owner must either carry out the works or register a fresh exemption before continuing to let.
What to Do Now
If your tenant has refused EPC works: document the refusal, register the consent exemption at prsregister.beis.gov.uk before your compliance date, and plan for the void — when this tenant leaves, you need the works done before the next let.
Not sure what your current EPC rating is? Check your property's EPC rating using our free postcode tool. Ready to register? Our full guide to register a MEES exemption walks you through every step of the PRS portal.
Sources: gov.uk PRS Exemptions Guidance (May 2025) | gov.uk Domestic Private Rented Property MEES Landlord Guidance | Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Regulations 31(1) and 36(2)
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 and exemption validity.