Section 21 eviction tenant eco rights

Section 21 evictions do not end a tenant’s right to request energy-efficiency improvements

Many tenants assume that once a Section 21 notice has been served, they lose all use over property conditions. This is a misunderstanding of the law. Under the Homes (Fitness for Human Habitation) Act 2018, tenants retain the right to request repairs for damp, cold, or draughts regardless of their tenancy type or any ongoing eviction process (GOV.UK, 2026).

A Section 21 notice cannot lawfully be served in retaliation for a written request for energy-efficiency measures if the property is in disrepair. The key principle is that the request must relate to a specific defect that affects habitability, such as a broken boiler, severe draughts, or inadequate heating.

The legal difference between a retaliatory eviction and a valid Section 21 notice

Retaliatory eviction occurs when a landlord issues a Section 21 within six months of a tenant’s written complaint about a hazard, such as inadequate heating or severe damp. The Deregulation Act 2015 explicitly makes such a Section 21 invalid if the local authority has served an improvement notice relating to energy efficiency (GOV.UK, 2026). For tenants, the legal test is whether the eviction is a direct response to a legitimate complaint about an energy-efficiency hazard.

The distinction matters because a valid Section 21 notice can still be served if the landlord has already taken reasonable steps to address the complaint, or if the complaint was frivolous. However, if a tenant has written evidence of a specific defect (e.g., a broken boiler reported in writing) and the landlord failed to act within a reasonable timeframe, the Section 21 may be invalid.

Shelter advises that tenants should always keep copies of their written requests and any landlord responses. If the local authority serves an improvement notice, the Section 21 is automatically blocked (Shelter, 2026).

Minimum Energy Efficiency Standards (MEES) apply to all tenancies, including those under Section 21

Since April 2020, landlords cannot grant or renew a tenancy for a property with an EPC rating below E, and this ban now applies to all existing tenancies (DESNZ, 2026). Crucially, a Section 21 notice cannot be validly served if the property has an EPC rating of F or G and no valid exemption is registered on the PRS Exemptions Register.

If a tenant discovers their property has an EPC rating below E, they can file a complaint with the local authority, which can issue a penalty of up to £5,000. The Section 21 notice is then invalid until the landlord either improves the rating or registers a valid exemption. Exemptions are rare and typically require evidence that all cost-effective improvements have been made or that the landlord has obtained third-party consent (e.g., from a listed building authority).

Tenants can check their property’s EPC rating on the government’s EPC register. If the rating is F or G, the Section 21 is likely invalid unless an exemption is registered.

Quick numbers costs, savings, and payback for common tenant-requested improvements

These figures assume a typical three-bedroom semi-detached home in the UK. Actual costs and savings vary depending on property size, existing insulation levels, and energy tariff. The payback period for boiler upgrades is longer, but the improvement directly affects habitability and can strengthen a tenant’s case for disrepair.

What a tenant must prove to stop a Section 21 eviction for an eco-related reason

To successfully block a Section 21 eviction on energy-efficiency grounds, a tenant must provide written evidence of their request and the landlord’s failure to act within a reasonable time, typically 14–28 days (Shelter, 2026). The request must relate to a specific energy-efficiency or heating defect that affects habitability, such as a broken boiler, severe draughts, or damp caused by inadequate insulation.

The tenant must also demonstrate that the property is in a state of disrepair under the Homes (Fitness for Human Habitation) Act 2018. This means the defect must make the property unfit for human habitation, which includes hazards like cold, damp, or inadequate heating. If the local authority serves an improvement notice, the Section 21 is automatically invalid.

Tenants should document everything: photographs, written correspondence, and any responses from the landlord. If the landlord fails to act within a reasonable timeframe, the tenant can contact the local authority environmental health team, which can issue an improvement notice and block the Section 21.

How to write a formal disrepair letter to a landlord

How to verify an installer for tenant-requested eco improvements

If a landlord agrees to make energy-efficiency improvements following a tenant’s request, the tenant should verify that the installer is properly accredited. For insulation or heating upgrades, the installer must be MCS-certified for heat pumps (MCS, 2026) or TrustMark-registered for general works (TrustMark, 2026).

Gas boiler work requires a Gas Safe Register engineer (Gas Safe Register, 2026), while electrical work such as smart thermostat installation requires a NICEIC or NAPIT registered electrician. Using unaccredited installers can void warranties and may not meet Building Regulations, potentially causing further issues for the tenant.

Tenants can check these registers online free of charge. If the landlord proposes an unaccredited installer, the tenant can request a properly accredited alternative. This is particularly important for heat pumps, which require MCS certification to qualify for the Boiler Upgrade Scheme grant of up to £7,500.

The one action a tenant must take before a Section 21 notice is served

The most critical step a tenant can take is to send a formal written request to the landlord detailing the specific energy-efficiency problem and requesting repair or improvement. This should be sent by email or recorded delivery to create a clear paper trail (Shelter, 2026).

The request must be specific: for example, “the boiler has been broken for five days and the property cannot be heated above 12°C,” or “there are severe draughts around the front door that make the living room uninhabitable.” Vague complaints about “cold” are unlikely to meet the legal threshold for disrepair.

If the landlord fails to act within 14 days, the tenant should contact the local authority environmental health team. The team can inspect the property and serve an improvement notice, which automatically blocks any Section 21 notice served within six months. Keeping a copy of the original request and any landlord responses is essential for building a case.

How to contact your local council environmental health team