Tenant Refusing EPC Works? What Landlords Should Do

The exemption exists - but the paperwork matters

Improving the energy efficiency of a rented property is not always as simple as arranging a contractor and choosing a date.

The property may be occupied. The tenant may work from home, have health concerns or be worried about the disruption. In some cases, they may simply refuse to allow the work to go ahead.

That can leave a landlord caught between respecting the tenant’s home and meeting their own legal responsibilities.

The regulations do recognise this problem and, in certain circumstances, a landlord may be able to register a third-party consent exemption. However, the exemption is not automatic. The protection lies in showing what was required, what was requested and how the tenant responded.

In other words: document everything.

Where do landlords currently stand on EPCs?

The current Minimum Energy Efficiency Standard generally prevents a landlord from letting or continuing to let a property with an EPC rating of F or G, unless a valid exemption has been registered.

The Government also intends to introduce a higher minimum standard of "C" for privately rented properties from 1 October 2030, subject to the necessary legislation and Parliamentary approval.

This means more landlords will be considering energy-efficiency improvements while properties are occupied. Most work can be completed with a tenant in place, but access and disruption will need to be managed carefully.

Can a landlord simply give notice and enter?

No.

Giving notice of an appointment does not give a landlord or agent an unrestricted right to enter an occupied property. Except in a genuine emergency, landlords should not simply let themselves in when a tenant has refused access.

The first step should always be communication.

Before arranging the work, explain:

What work is being proposed
Why it is required
Who will carry it out
How long it is expected to take
What disruption may be involved
Whether rooms need to be cleared
What dates and appointment times are available
How the work may benefit the tenant

A refusal may have a practical reason behind it. Offering alternative dates, explaining the process more clearly or addressing concerns about noise, dust, pets, children or working from home may be enough to resolve the problem.

The aim is not simply to prove that access was refused. It is to make a reasonable effort to obtain agreement.

What should the landlord document?

Every relevant step should be recorded and retained on the property file.

This could include:

The current EPC and its recommendations
Any specialist energy or retrofit report
Details of the proposed improvement
Contractor quotations and the proposed scope of work
Written requests for consent or access
The dates and times offered to the tenant
Emails, letters and messages sent
The tenant’s replies and any conditions they have raised
Notes of telephone conversations
Missed or cancelled appointments
Alternative arrangements offered
Any reasonable adjustments considered
The eventual agreement or refusal

If a conversation takes place by telephone, follow it with an email confirming what was discussed. If the tenant does not respond, send a polite follow-up and provide further appointment options.

One unanswered message or one inconvenient appointment is unlikely to create a convincing record that consent could not be obtained.

The file should demonstrate a reasonable, patient and properly managed effort to find a solution.

When might a third-party consent exemption apply?

A third-party consent exemption may be available where a relevant energy-efficiency improvement requires consent from another person or organisation and that consent cannot be obtained.

The third party could be:

The current tenant
A freeholder or superior landlord
A mortgage lender
A planning authority
Another person whose consent is legally required

Where the issue is tenant consent, the landlord will need evidence showing that consent was required, was properly sought and was either refused or made subject to conditions the landlord could not reasonably meet.

The exemption must be registered on the PRS Exemptions Register before the landlord relies on it. It does not apply retrospectively simply because correspondence exists on the property file.

Landlords should also be cautious about treating every access problem as a consent exemption. The circumstances, the proposed improvement and the wording of the tenancy agreement all matter. Specialist advice may be needed where the position is unclear.

What happens when the tenant leaves?

A tenant-related consent exemption is temporary.

It only remains valid while the tenant who withheld consent remains the tenant. If that tenant leaves or the tenancy is assigned to someone else, the exemption comes to an end.

The landlord must then complete the necessary improvements before entering into a new tenancy, unless the property meets the required standard or a different valid exemption applies.

This is another reason why the property file needs to contain more than the original registration confirmation.

The exemption should be clearly flagged, together with:

The reason it was registered
The tenant to whom it relates
The date of registration
Any review or expiry information
The work that will be required when the tenancy ends

As soon as notice is received from the tenant, the outstanding EPC work should be added to the end-of-tenancy and void-period checklist.

Without that reminder, it would be very easy to relet the property and overlook the fact that the exemption has ended.

What changed after 1 May 2026?

Before 1 May 2026, some landlords might have considered using Section 21 to regain possession and complete substantial work during the empty period.

Section 21 is no longer available.

There is no specific possession ground simply because a landlord wants an empty property in which to complete EPC improvements.

In some circumstances, persistent refusal of access might amount to a breach of the tenancy agreement. Ground 12 may then be considered, but it is a discretionary ground. Even where a breach can be demonstrated, the court must still decide whether granting possession would be reasonable.

Very substantial work might occasionally fall within the redevelopment ground, but this will depend on the nature of the work and the individual circumstances.

Neither should be treated as a simple route to possession. A landlord considering court action should obtain specialist legal advice and should never attempt to force entry or remove the tenant without following the correct legal process.

A practical checklist for landlords

If your tenant will not allow proposed EPC improvements:

Check the current EPC and confirm which improvements are relevant.
Check the tenancy agreement and any access provisions.
Explain the proposed work clearly to the tenant.
Offer reasonable appointment choices.
Ask about any concerns or practical difficulties.
Keep copies of every request and response.
Confirm telephone conversations in writing.
Make reasonable follow-up attempts.
Take specialist advice if access continues to be refused.
Register an exemption only where the qualifying conditions are met.
Flag any tenant-specific exemption for immediate review when the tenancy ends.

This is where Lettings PA helps

Compliance is rarely about one certificate sitting in a folder.

It is about knowing what action is required, recording what has been done and being able to produce the evidence later.

Our Lettings PA service is designed for landlords who want to remain involved with their property and retain the tenant relationship, while having professional support behind them.

We help bring structure to the compliance process by keeping requirements visible, recording important communication, maintaining the supporting evidence and identifying when something needs to be reviewed or followed up.

Because when a tenant refuses access, the outcome may depend as much on the landlord’s records as it does on the original request.

Clear communication. Proper documentation. Nothing left to memory.

If you self-manage your property but would like greater confidence that the important steps are being tracked and recorded, speak to us about Lettings PA.

This article provides general information only and does not constitute legal advice. The correct course of action will depend on the property, the tenancy agreement and the individual circumstances.