Landlords in England are legally required to ensure their rental properties meet Minimum Energy Efficiency Standards (MEES)—currently set at an E rating or above on the EPC scale. But what happens when a tenant objects to the planned upgrades? Can landlords legally delay improvements? Or are they still liable for compliance?
In this article, we break down the rules, exemptions, and grey areas surrounding tenant objections and EPC upgrade delays.
🏚️ EPC and MEES: A Quick Recap
Since April 1, 2020, it has been unlawful to let a residential property with an EPC rating below E, unless the landlord has a valid exemption. This applies to:
New and existing tenancies
Private landlords across England and Wales
Domestic and some non-domestic properties
Penalties can include fines of up to £5,000 per property, so landlords must take compliance seriously.
📌 Learn more about residential EPC rules
🚪 Common Reasons Tenants Object to EPC Works
While energy efficiency upgrades benefit tenants in the long term, some may object due to:
Disruption during insulation or heating work
Loss of storage space (e.g. loft boarding removal)
Concerns over dust, noise, or access
Reluctance to allow contractors into the property
These objections can create delays—but are they legally valid grounds to postpone compliance?
⚖️ Can Landlords Delay EPC Upgrades Due to Tenant Objections?
In limited cases, yes—but only if properly documented and reported.
The government allows landlords to apply for a “consent exemption” under MEES regulations if a tenant refuses to consent to necessary works.
✔️ To qualify for the exemption, the landlord must:
Prove they attempted to carry out the work
Document the tenant’s refusal in writing
Register the exemption on the Private Rented Sector (PRS) Exemptions Register
Renew the exemption every 5 years, or sooner if the tenancy changes
👉 Need help understanding your compliance options? Contact us for guidance
🧾 Valid Exemptions Related to Tenant Objections
Here are specific cases where a landlord can delay or avoid EPC works (temporarily):
| Scenario | Valid Exemption? | Notes |
|---|---|---|
| Tenant refuses insulation work | ✅ Consent exemption | Must be documented |
| Tenant denies access to surveyors | ✅ Consent exemption | Attempted access must be proven |
| Tenant wants to delay work until tenancy ends | ✅ Limited exemption | Can be reviewed later |
| Tenant doesn’t want “disruption” | ❌ Not automatically valid | Must clearly refuse works |
📄 Register all exemptions via the PRS Exemptions Register
⏳ What Happens If You Delay Without Exemption?
If a landlord fails to meet EPC requirements and hasn’t claimed a valid exemption:
They can face enforcement action from the local authority
Penalties of £2,000 to £5,000 may be applied
The property may not be legally let until compliant
Don’t risk legal action—book your EPC assessment today and consult with us if tenant objections arise.
✅ Best Practices for Landlords
Communicate Early: Notify tenants well in advance of planned works.
Offer Flexibility: Allow tenants to choose work dates where possible.
Put Everything in Writing: All tenant objections must be documented.
Apply for Consent Exemption Promptly: Don’t delay registration.
Keep Your EPC Updated: Even if exempt, keep your certificate current—see our pricing here
Final Thoughts: Know Your Rights and Responsibilities
Tenant objections don’t give landlords an automatic right to delay EPC upgrades—but there is a legal pathway via the consent exemption. The key is clear documentation, communication, and compliance with MEES procedures.
For expert advice or to arrange a compliant EPC assessment across London, visit EPCrate’s About Us page or speak to our qualified assessors.
Need urgent assistance with EPC compliance or tenant-related upgrade issues?
📅 Book an EPC appointment or call our experts today.
