New concerns have been raised over how landlords will manage energy efficiency improvements under the Renters’ Rights Act, with industry bodies warning that upcoming rules could make retrofitting properties significantly more difficult.
The National Residential Landlords Association (NRLA) has highlighted potential complications linked to the abolition of Section 21 alongside the government’s wider drive to improve energy performance across the private rented sector. Under current proposals, all privately rented homes are expected to reach EPC C standards by 2030, adding further pressure on landlords to upgrade their properties.
Loss of Section 21 changes how works can be carried out
In the past, landlords often relied on Section 21 or natural tenancy break points to create a gap in occupancy. This allowed time for improvement works to be completed without tenants in place.
However, with Section 21 set to be removed under the Renters’ Rights Act, landlords will no longer have the same flexibility to regain possession purely to carry out upgrades. This has raised concerns about how extensive energy efficiency works can realistically be delivered while tenants remain in occupation.
The NRLA has pointed out that this shift may create practical barriers, particularly where works are disruptive or require access to large parts of the property.
Strict conditions for regaining possession
One of the only remaining legal routes available for landlords needing vacant possession for major works is Ground 6. This applies in situations where a property is being demolished or undergoes significant redevelopment that cannot reasonably take place with tenants living there.
However, the conditions attached to this ground are strict. The level of work required to qualify is high and generally involves major structural changes or redevelopment that renders the property uninhabitable during the process.
In most cases, standard energy efficiency upgrades—such as insulation improvements, heating system upgrades or window replacements—are unlikely to meet this threshold, even where the costs involved are substantial.
There are also additional requirements. For example, the landlord must have owned the property before the tenancy began, and the tenancy must have lasted at least six months before this ground can be used.
Limited use of exemptions under MEES rules
Where landlords are unable to secure access or agreement from tenants, they may be able to rely on a third-party consent exemption under the Minimum Energy Efficiency Standards (MEES).
This exemption can temporarily protect landlords from enforcement action, provided they can show they have made reasonable efforts to obtain tenant consent for the works. However, it is not a permanent solution.
The exemption typically lasts for up to five years, or until the tenancy ends—whichever comes first. It also does not remove the underlying requirement to reach EPC C standards, meaning landlords are effectively delaying rather than avoiding compliance.
Once a tenant vacates the property, the exemption ceases to apply, and landlords are expected to complete the required improvements at that point.
Ongoing uncertainty for landlords
The NRLA’s concerns highlight a broader uncertainty around how energy efficiency targets will be delivered in practice within a system where long-term security of tenure is being strengthened.
While the policy direction aims to improve housing standards and reduce energy costs for tenants, landlords are questioning how large-scale retrofit programmes can be implemented without access to vacant properties.
With tighter possession rules and stricter efficiency targets moving in parallel, the practical balance between tenant protection and property improvement is becoming increasingly complex for the private rented sector.
Download NOW
4 Simple Steps To Becoming Wealthy Through Property