Renters' Rights Act and EPC Compliance - What Every Landlord Needs to Know

What the Renters' Rights Act Changed for EPC Compliance

The Renters' Rights Act 2025 came into full effect on 1 May 2026. For most landlords the headlines were about tenancy reform - the abolition of fixed terms, new possession grounds, rent increase processes. But the change with the most significant long-term impact on EPC compliance was quieter: the permanent abolition of Section 21.

Before 1 May 2026, a landlord whose tenant refused EPC improvement works had a practical exit route. Serve a Section 21 notice, recover vacant possession, carry out the works in the void period, re-let at the higher rating. It was used routinely. From 1 May 2026, that route is gone permanently.

Every tenancy is now open-ended. A landlord can only recover possession through specific grounds - and EPC improvement works alone do not qualify unless the proposed works are so extensive that vacant possession is genuinely required. Installing loft insulation, a new boiler or heating controls does not meet that threshold.

The Third Party Consent Exemption - Your Legal Protection

If your tenant refuses to allow EPC improvement works to be carried out, you can register a Third Party Consent Refused exemption on the PRS Exemptions Register. This is a legitimate, legal route that protects you from enforcement action while the refusing tenant remains in occupation.

Evidence required:

• Copies of written requests to the tenant for consent
• Written refusals or evidence that consent was unreasonably withheld
• Evidence of genuine attempts to negotiate access

This means the Third Party Consent exemption is not a permanent solution - it is a holding position. The obligation to reach EPC C remains outstanding and must be fulfilled the moment the property becomes vacant.

The Fines Just Got Bigger

The Renters' Rights Act increased the maximum civil penalty for MEES non-compliance from £30,000 to £40,000 per property per breach from 1 May 2026.

Each failure is treated as a separate breach - not having a compliant EPC, failing to register an exemption, and failing to provide documentation are all separate offences. The PRS Database, rolling out from late 2026, will link exemption records with property registration data - giving local authorities significantly more enforcement capability. The PRS Database makes EPC non-compliance visible to local councils for the first time - including expired certificates and F or G ratings without registered exemptions.

Non-Invasive Options - Works That Don't Require Tenant Cooperation

The good news for landlords with occupied properties is that several improvement measures can be carried out with minimal disruption - and some require almost no physical work at all.

A Landlord Friendly EPC is specifically designed for occupied properties - minimising disruption to tenants while finding every legitimate route to EPC C compliance.

The Grandfather Rights Strategy for Landlords with Occupied Properties

For landlords whose tenant is cooperative, the combination of the RRA and grandfather rights creates a clear strategy:

For landlords with a refusing tenant, the strategy is:

1. Register Third Party Consent exemption immediately - protect yourself legally while the tenant is in occupation
2. Carry out any non-invasive improvements the tenant will permit - every SAP point gained now is cheaper than later
3. The moment the property becomes vacant - carry out remaining works under RdSAP 10 before October 2029 if possible
4. Achieve EPC C and secure grandfather rights for 10 years under current rules

How LandlordEPCs Helps Landlords Navigate the RRA and EPC Compliance

Frequently Asked Questions