Act now or forever hold your section 21 notices
The Renters’ Rights Act 2025 has sparked significant change to the private rented sector, with the most critical takeaway being the abolition of section 21 notices. From 1 May 2026, private landlords will not be able to regain possession of a property by way of a section 21 notice. This creates a clear deadline which private landlords need to adhere to.
In this article, solicitor apprentice in our real estate dispute resolution team, Manal Ahmed, explains the new legislation and changes landlords can expect from 1 May 2026.
Saying goodbye to section 21 notices
From 1 May 2026, most existing private tenancies will convert into periodic assured tenancies. Therefore, the final opportunity to serve a valid section 21 notice is 30 April 2026. After this point, landlords will no longer be able to serve a notice under section 21 in any circumstances.
However, serving the notice in advance of the deadline is only part of the process. Landlords must keep a close eye on the deadline for starting proceedings. Normally, landlords have six months from the deemed date of service to start a claim. The new rules tighten this considerably. If a notice was served between 1 February 2026 and 30 April 2026, possession proceedings must be started no later than 31 July 2026. For notices served before 1 February 2026, the standard six-month rule continues to apply.
Crucially, starting proceedings involves more steps than preparing the relevant paperwork. Landlords must have formally asked the court to issue the claim form, and this must be evidenced.
Compliance with deadlines
Failure to act in accordance with the deadlines pose significant issues. If landlords do not serve a section 21 notice or start possession proceedings in time, the ability to rely on section 21 is lost entirely. The tenancy becomes an assured tenancy, and possession can only be sought by serving a section 8 notice. This type of notice requires specific legal grounds to be established before regaining possession.
Until 1 May 2026, all the usual requirements for a valid section 21 notice still apply, including using the correct form of notice, deposit protection, and providing required documents to the tenant e.g., EPC and gas safety certificates. After 1 May 2026, if a notice is deemed invalid, there is no opportunity to amend it and re-serve. Instead, landlords will be forced to seek possession using a section 8 notice.
Acting fast matters
For landlords who comply with the deadline, section 21 claims will not disappear overnight. Claims based on valid notices served before 1 May 2026 can proceed through the courts. However, delays and increased court backlogs are expected whilst landlords rush to meet the deadline.
The abolition of section 21 calls for immediate action. Landlords wishing to rely on section 21 notices must ensure notices are served correctly in advance of 1 May 2026, as well as ensuring possession proceedings have started in time. Missing the deadlines will restrict landlords in their pursuit of regaining possession of property.
If you require assistance, please contact Sarah Barratt using [email protected] or 0191 211 7923.