Renters’ Rights: 31st July deadline approaches

Landlords who served section 21 or section 8 eviction notices before the Renters’ Rights Act was introduced on 1st May, have until 31st July to apply to the court for possession. 

Student landlords with qualifying tenancies signed before 1st May also have until the same date to use the special two-month notice period granted under ground 4a (for this this year only) to ensure properties are available for the new cohort of students this autumn.

Section 21 deadline

The Renters’ Rights Act abolished the fixed term tenancy, but while all existing tenancies automatically converted from Assured Shorthold Tenancies (ASTs) to Assured Periodic Tenancies (APTs) on 1st May, there was an exemption for landlords going through the possession process. 

This impacted landlords who served had already started a possession claim before 1st May that was ongoing, or subsequently applied to court between 1st May and 31st July this year, on the basis of a valid Section 21 or Section 8 notice served before 1st May. 

Their tenancies will remain ASTs until the legal proceedings have concluded.

What if my notice isn’t due to expire yet?

A Section 21 notice usually expires six months after the date it was served, or four months after the ‘requested leave date’, if you were required to give more than two months' notice 

A Section 8 notice expires 12 months after the date it was served 

However, ANY remaining Section 8 or Section 21 notices served before 1st May, will automatically expire on 31 July this year if you haven't applied to court by then — regardless of how much time would otherwise remain on the notice.

What do I need to do?

The best course of action is to submit your application to the courts as quickly as possible. Make sure it is filled in correctly as any mistakes could impact your chances of success. 

Be careful: Paperwork can and does get lost by courts, so it is important to get your documents in as soon as you can, rather than waiting until the deadline.

What if I run out of time?

If you miss the 31st July, or there is an issue with your paperwork,  you will have no option but to use the section 8 grounds-based process, meaning you will need an officially recognised reason to regain possession – and be able to prove it. 

Please note that while you were not legally required to provide either the tenant information sheet or written statement for your existing tenants, while the process was ongoing, once proceedings conclude you will have a month to do so.

Student landlords

A new possession ground, ground 4a, has been introduced allowing landlord of student HMOs to regain possession. 

Under rules, which will apply this year only, student landlords of this kind have been given special dispensation to use a two-month notice period (as opposed to the four months which will become standard).  

This required those of you who are student HMO landlords to inform your tenants, in writing, that you intended to use ground 4a ahead of 31st May this year.  

Once you’d done that, the new rules allowed you to give your two months’ notice at any point between 1st May and 31st July. This would mean the latest your tenants could leave would be 30th September.

What happens if I miss the deadline?

If you fail to serve the notice before the deadline you will need to use the standard four months’ notice period.  

When it comes to tenancy agreements with students in future these will need to be APTs, and you will need to ensure your students are given prior notice that you will be using section 4a to take back possession of your properties at the end of the academic year.  

Members can download our student APTs for free here.   

More information

• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.       
• The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.
• While the first phase of the Act has now been introduced there is more to come. Check your preferences to ensure you are signed up to our weekly enews to stay informed.