Below, we provide information relevant for private landlords in England who served either a Section 8 or Section 21 notice on an assured or assured shorthold tenancy before 1 May 2026, where that notice is still valid on that date.
From 1 May 2026, the Renters’ Rights Act 2025 comes into force, introducing a new framework for regaining possession of a property. Any notices served on or after this date must follow the new process.
However, notices served before this date can still be relied upon, provided you act within strict time limits.
A Section 8 notice can be used where the landlord is relying on one or more statutory grounds for possession, such as rent arrears or antisocial behaviour.For a Section 8 notice to remain valid:
• It must have been served correctly before 1 May 2026 • The correct form must have been used • The notice must clearly state the grounds relied upon • The correct notice period must have been given
Importantly, the pre-2026 grounds for possession cannot be used for notices served after 1 May 2026.
If your Section 8 notice was served before 1 May 2026, court proceedings must begin by whichever comes first: • 12 months from the date the notice was served, or • 31 July 2026 This statutory cut-off may be shorter than landlords expect, so checking dates carefully is essential.
If your tenant enters a formal breathing space (a period of protection from creditor action), landlords relying on rent arrears grounds cannot begin possession proceedings during that time.
In some cases, this can extend the deadline for starting court action, allowing up to 8 weeks after the breathing space ends. Timing here can be critical, so professional advice is strongly recommended.
When relying on Section 8, grounds fall into two categories:
Understanding which applies to your situation can make a real difference to outcomes.
As you may be aware, Section 21 notices, which are often referred to as “no-fault” evictions, are being phased out under the new legislation. If you served a Section 21 notice before 1 May 2026, you can only begin court proceedings up to whichever date comes first:
• 6 months from the date the notice was served, or • 31 July 2026
However, if the notice specifies that possession proceedings would start on or after 1 August 2026, it will no longer be valid.
For a Section 21 notice to be valid: • The tenancy must be an assured shorthold tenancy • At least 4 months must have passed since the tenancy began • The correct form must have been used • A minimum of 2 months’ notice must have been given Importantly, tenancies starting on or after 1 January 2026 cannot be ended using Section 21, as there will be insufficient time before the reforms take effect.
The transition to the Renters’ Rights Act represents one of the biggest shifts in the private rented sector in decades. While the rules may feel complex, clear planning and early advice can help landlords navigate the changes smoothly.
At Mackenzie Smith, we’re committed to supporting landlords with up-to-date guidance, practical insight and a steady hand through regulatory change. If you’re unsure how your notice or tenancy may be affected, our Property Management team is always happy to help you understand your position and plan your next steps with confidence.
If you’re a landlord in one of our local areas and you require regulatory advice, reach out to our Property Management team on 01252 514000 or email compliance@mackenziesmith.co.uk. To arrange an expert valuation on your property, click here.
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