The rules around possession have changed, and for landlords who already had notices in progress before the Renters’ Rights Act came into force, there is one key thing to understand.
You may still be able to rely on an old notice, but only for a limited time.
This is where the transitional arrangements matter.
If you served a Section 21 notice before 1 May 2026, you may still be able to use it to begin possession proceedings. However, this does not mean the notice carries on indefinitely. A Section 21 notice can usually only be used for up to six months from the date it was served, or until 31 July 2026, whichever comes first. After that, you will not usually be able to use that notice to start the eviction process.
That deadline is extremely important.
In the old world, if a Section 21 notice expired, a landlord may have been able to start again by serving a fresh notice. But Section 21 has now been abolished for private landlords under the Renters’ Rights Act, which means that option is no longer there.
So, if you already have a Section 21 notice in motion and you genuinely need to regain possession of your property, you need to know exactly when that notice expires and whether court proceedings need to be started before the deadline.
This is not something to leave until the last minute.
If your notice expires before 31 July 2026, that earlier date is the one that matters. If the notice is still live, the final backstop date is 31 July 2026. Either way, landlords need to act as soon as possible, because if the court application is not made in time, that possession route may be lost.
Section 8 notices also have transitional rules.
If you served a Section 8 notice before 1 May 2026, you may still be able to rely on the old grounds, provided the notice was served correctly and the court process is started in time. GOV.UK guidance confirms that where a Section 8 or Section 21 notice was served before 1 May 2026, the deadline for beginning the court process is either the time remaining on the notice or on or before 31 July 2026, whichever comes first.
Again, the key point is simple: do not assume that because a notice has already been served, you can deal with it later.
If you miss the deadline, you may have to start again under the new rules. For Section 21, that route will usually be gone altogether. For Section 8, you may need to serve a new notice using the updated possession grounds and notice periods.
That could make the process longer, more complicated and more frustrating, especially if you were already part-way through trying to regain possession of your property.
The important thing for landlords right now is to check:
- Whether the notice was served before 1 May 2026,
- Whether it was served correctly,
- When the notice expires,
- Whether court proceedings must be started before 31 July 2026.
If you have already gone to the effort of serving a notice because you need your property back, you do not want to lose that opportunity because of a missed deadline.
The transitional arrangements are there to bridge the gap between the old system and the new one, but they are not open-ended. Once the relevant deadline has passed, your options may change significantly.
So, if you have a Section 21 or Section 8 notice already sitting there, now is the time to check it. Understand your dates and take advice if you are unsure.
To hear this explained in more detail, watch the full video from Concentric Sales and Lettings, where we break down what landlords need to know about Section 21, Section 8 and the transitional deadlines.