Section 21 Abolished: What It Changes for Upgrades

What changed on 1 May 2026

In England, section 21 of the Housing Act 1988 can no longer be used to end a tenancy. The Renters’ Rights Act received Royal Assent on 27 October 2025, and its first stage started on 1 May 2026. GOV.UK’s landlord guide says that fixed term tenancies are replaced, and most tenancies became assured periodic tenancies, which roll on until the tenant or the landlord ends them in a legally valid way.

For a landlord planning energy upgrades, the practical effect is that there is no longer a tenancy end date to wait for.

What this means for planning works

The old approach was to wait for a natural gap between tenants and do the work then. That depended on the fixed term ending and on the landlord having the option not to renew. That option has gone for England.

There are now three realistic ways to plan.

1. Work with the tenant in place. Agree dates and access in writing. Ask the installer how long the heating will be off and what temporary arrangements they offer.
2. Wait for the tenant to leave. Tenants end periodic tenancies with two months’ notice, which gives a natural window, but not one you control.
3. A possession ground, where one genuinely applies. GOV.UK lists grounds such as selling the property, moving in yourself or housing family. The Housing Act 1988 also has a ground for substantial works or redevelopment that cannot reasonably be done without the tenant giving up possession, and it carries its own conditions.

The third route is a legal question, not a planning tool. This guide does not say that heat pump work qualifies, and a court might see it differently. Take advice from a solicitor or a landlord body before relying on it.

Why a settled tenancy cuts both ways

With no route to end a tenancy on a date you choose, tenants may stay longer in the same home. That is good for a heat pump, because the person who benefits from lower bills is also the person who lives with any disruption and who has to learn how to run the system. It is also a reason to talk to the tenant early. A tenant who understands why the work is happening, and what it will do to their bills, is more likely to give access and to run the system as the installer intended.

It also means a landlord cannot use a void period as a quiet window for heavy work. If a void does occur, because the tenant ended the tenancy, that is the cheapest moment to do disruptive work. It is worth asking an installer what they could do in a gap of a few weeks, and booking only once the date is firm.

Rent after the work

Rent increases are now restricted to once a year. A landlord must give the tenant notice of the proposed increase at least two months before it takes effect, and the First-tier Tribunal can resolve disputes. The GOV.UK landlord guide does not say that energy upgrades are a ground for a rise.

If the work is funded through the Warm Homes: Local Grant, landlords declare that they will not raise the rent because of the funded work. See the Local Grant page.

How it fits with the EPC rules

Today the minimum is EPC E for rented homes. The planned rule is EPC C by 1 October 2030, with regulations expected in 2027 and not yet laid. With a 2030 date and no way to end a tenancy at a time you choose, plan to do any EPC related work with the tenant in place, or when the tenant leaves of their own accord.

The government response on the planned rule includes a “third party consent” exemption, where a relevant third party such as a tenant refuses consent. The detail is not yet in regulations, so do not treat it as a way out. See the cost cap and exemptions page.

A planning checklist for occupied homes

Step	Why it matters
Get the tenant’s agreement to a survey date in writing	Surveys need access
Ask the installer for a realistic duration and heating off time	Tenants need a clear plan
Confirm how the electricity supply and meter will be affected	A heat pump may need electrical work
Plan for a vulnerable tenant’s needs	Winter works matter more
Keep a record of notices and consent	Disputes are easier to resolve with paper
Check later dates: landlord database and ombudsman from late 2026	New duties arrive in stages

The reformed Decent Homes Standard and the extension of Awaab’s Law need further regulations and have no confirmed start date.

When this is NOT the right answer

If you can only do the work by getting the tenant out, a heat pump is probably the wrong thing to be planning now. Look at improvements that suit an occupied home, such as loft insulation, draught proofing or a heating controls upgrade, and revisit a heat pump when the tenant leaves for their own reasons.

Next step

Read what the Renters’ Rights Act changes for energy upgrades for the wider picture, then use the EPC deadline checker to see how your property stands. This page is general information, not legal advice.