The Ministry of Housing has published guidance for landlords who served a Section 8 or Section 21 notice before 1 May 2026, ahead of the tenancy reforms under the Renters’ Rights Act 2025 coming into force.
This transitional guidance is critical. If you have already served notice — or are considering doing so before 1 May 2026 — the clock is now firmly ticking.
The Key Change
From 1 May 2026, the new possession regime under the Renters’ Rights Act 2025 begins.
Section 21 will be abolished under the new system, and new grounds for possession will apply.
However, landlords who served a valid notice before that date may still rely on it — but only within strict time limits.
Section 8 Notices Served Before 1 May 2026
If you served a Section 8 notice before 1 May 2026 using the existing Housing Act 1988 grounds:
You must begin court proceedings by whichever date comes first:
- 12 months from the date the notice was served, or
- 31 July 2026
This may shorten the effective life of your notice.
Landlords should urgently review previously served notices to ensure proceedings are issued within the permitted window.
Section 21 Notices Served Before 1 May 2026
Section 21 is being removed under the new regime.
If you served a Section 21 notice before 1 May 2026, you can only begin court proceedings by whichever date comes first:
- 6 months from the date the notice was served, or
- 31 July 2026
If the earliest possession date in your notice falls on or after 1 August 2026, it will be invalid for issuing proceedings.
In practical terms: Section 21 is now on borrowed time.
Important Restrictions Still Apply
Even before abolition, Section 21 remains highly technical and invalid if:
- The deposit was not correctly protected
- Prescribed information was not served
- A valid gas safety certificate was not provided
- An EPC was not provided
- The correct “How to Rent” guide was not issued
- An improvement notice or emergency remedial action notice has been served within the last six months
- Prohibited payments under the Tenant Fees Act have not been refunded
Any defect can result in dismissal of the claim.
Court Process & Costs
Possession claims currently cost:
- £404 to issue proceedings
- £148 for a warrant of possession
Accelerated possession remains available for Section 21 (for now), but will effectively disappear after the transitional period.
Where rent arrears are claimed under Section 8, landlords must use the standard possession route.
Practical Implications
- Review any notices already served.
- Check expiry deadlines carefully — especially the 31 July 2026 cut-off.
- Ensure all compliance documents are in order before issuing proceedings.
- Expect increased scrutiny by the courts during the transition.
Landlords starting new assured shorthold tenancies from 1 January 2026 will not realistically be able to rely on Section 21 before it is abolished.
The Bigger Picture
The direction of travel is clear:
- Greater security of tenure
- Abolition of “no fault” eviction
- Increased reliance on defined statutory grounds
- Higher compliance expectations
Landlords who rely on outdated processes or incomplete paperwork risk delay, dismissal and costs.
The transitional period offers a limited window to use the current regime — but it requires precision.
Ensure you are fully aware of all the changes coming on May 1st 2026 – look at our Renters Right course
